Extension of time | Chalkline

An extension of time is a written claim by the builder under a building contract for additional days to reach practical completion when a qualifying delay event occurs. Granted correctly, it pushes the contracted completion date out and shields the builder from liquidated damages for the granted period.

Qualifying delay events are defined in the contract, not by statute. Common categories:

Inclement weather above the contract threshold (rain days, wind, heat).
Variations instructed by the principal.
Late principal-supplied items (PC items, owner-supplied fittings).
Authority delays (CC, OC, inspections beyond a reasonable period).
Latent conditions (rock, contamination, undocumented services).
Force majeure (industry-wide material or labour shortage, declared emergency).

Notice timing varies by contract suite. The HIA residential suites require written notice as soon as practicable, and no later than 5 business days after the cause of delay becomes known (see HIA Clause 19). ABIC commercial contracts typically allow 28 days from delay identification. MBA suites sit in between; check the executed contract before relying on a default. Missing the notice window can void the claim regardless of the merits.

What a valid notice contains. The delay event, the date the builder became aware, the period claimed, the supporting evidence (BOM rainfall, variation order, supplier email), and reference to the contract clause that grants the entitlement. Vague notices fail.

Effect on the programme. The grant extends practical completion, which postpones the start of any liquidated damages period. It does not automatically grant a cost claim. Cost recovery from a delay event sits under a separate variation or delay-cost clause.

Also known as: EOT, time extension, programme extension.

Category: Contracts / programme / claims.

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