Extension of time claim process flowchart (construction delay)
Extension of time claim flowchart template: delay notice, entitlement check, daily records, critical path analysis, assessment, determination, re-baselined programme and dispute escalation.
What the extension of time claim process flowchart (construction delay) process is
An extension of time (EOT) claim is a contractor's request for more time to complete, because of an event the contract treats as a ground for relief. The trigger is a delay or a foreseeable delay, such as late access to site, a variation, an owner-supplied item arriving late or exceptional weather. The chart follows one claim: the entitlement check, the notice of delay served inside the contract period, the daily record, the mitigation, the programme analysis, the decision on whether the critical path is affected, the quantified and submitted claim, the administrator's completeness check and assessment, the consultation with the owner, the determination, and the revised date, re-baselined programme and agreed cost.
The construction version differs from generic project change control at /templates/project-change-request-process in one respect that shapes the whole drawing: the contract sets the clock. Notice periods, the form of notice, the events that count, how concurrent delay is dealt with and what happens when notice is late are all contractual, and a missed deadline can lose the claim however good the facts. The chart makes those points into decisions, "Ground for time under the contract?" and "Notice served within the notice period?", and gives late notice its own exception path. It should be adapted to your contract, whether an AIA, FIDIC, NEC or JCT form or a bespoke one, and to the law of your jurisdiction. It gives no legal advice. Delay events often start as RFIs or changes; see /templates/rfi-request-for-information-process and /templates/construction-change-order-process.
Five decisions carry the process. 'Ground for time under the contract?' stops claims that no clause supports. 'Notice served within the notice period?' sends late notices to advice. 'Does the event delay the critical path?' prevents claims that float already absorbs. 'Claim complete enough to assess?' loops incomplete claims back for particulars, and 'Extension granted?' with 'Contractor accepts the decision?' decides whether the project moves to a revised date or to the dispute process.
What this flowchart covers
In this template
- Five swimlanes (Contractor project manager, Contractor planner, Contract administrator / engineer, Owner's representative and Quantity surveyor) across five phases: event and notice, record and substantiate, assess, determine, and resolve and update
- An entitlement check, "Ground for time under the contract?", and a notice gate, "Notice served within the notice period?", with a late-notice exception path that goes to advice
- A substantiation phase that opens the delay log, records mitigation and models the event on the baseline programme before "Does the event delay the critical path?"
- A completeness loop at the administrator's desk: "Claim complete enough to assess?", a request for further particulars and the contractor's reply back to the check
- An assessment that covers concurrent delay and owner consultation, ending in "Extension granted?"
- Resolution: "Contractor accepts the decision?", an escalation to the contract's dispute process, and on the granted path the revised completion date, re-baselined programme and prolongation cost
When to use this template
- You are a contractor who keeps missing notice deadlines because the clock is not in the process anywhere
- You are a contract administrator and want a consistent way to return incomplete claims instead of arguing about them
- Delay claims arrive late in a project with no daily records, and you want the record-keeping step drawn at the beginning
- A programme update after an approved extension is being skipped, and you want it drawn as a step with an owner
- A lender, insurer or owner's board asks how delay claims are handled and decided
How it works
Rename the lanes to your parties
Replace the five lanes with the roles named in your contract. If the engineer and the owner's representative are separate under your form, keep both, because the consultation between them is a real step.
Write the contract's grounds and clock into the chart
List the clause numbers for the events that justify time, the notice period and the form of notice. Only use periods your contract states, and leave the rest as 'as the contract requires'.
Set the record-keeping standard
Decide what the daily log holds and who keeps it. A foreman's diary and photos on the day count for more than a reconstruction months later.
Pick a programme analysis method
State the method the planner uses to test the critical path and the programme the analysis is run against, and whether the contract or the administrator expects a particular method.
Define the completeness rule
List what a claim must contain before the administrator will assess it: notice reference, event description, programme analysis and days claimed. Define how quickly the administrator must ask for particulars.
Name who decides and who consults
Mark where the administrator or engineer determines and where the owner's representative is only consulted. State the form of the determination and the time allowed to issue it.
Connect time to cost and test it on a real claim
Link the granted path to the prolongation cost conversation and the revised programme. Then run a real claim through the chart and check each step against what happened.
Frequently asked questions
What are the steps in an extension of time claim?
The contractor checks whether the event is a ground for time under the contract, serves notice within the notice period, keeps daily records and mitigates the delay, models the event on the baseline programme, and confirms it affects the critical path. The claim is quantified in days and submitted, and the administrator checks it is complete, asking for particulars if not. The claim is assessed for concurrent delay, the owner's representative is consulted and a decision is issued. A granted claim leads to a revised completion date, a re-baselined programme and an agreed cost; a refused claim is accepted or escalated to the contract's dispute process.
What happens if the notice of delay is late?
It depends on the contract and the jurisdiction. Some forms treat late notice as a bar to the claim, others only affect the amount, and some are interpreted differently by the courts. The chart sends late notice to an exception step for legal and commercial advice rather than assuming either answer.
Why does the chart test the critical path?
Most claims only succeed if the event delays the completion date. If float absorbs the delay, the contractor has not lost time and the claim ends, so the decision belongs before any quantification work.
How is time different from cost in a delay claim?
Many forms assess them separately. An extension of time relieves the contractor from damages for late completion, while prolongation cost compensates for extra expense. The chart handles time first and links to cost at the end. For cost, see /templates/construction-change-order-process.
How does this differ from a project change request?
A project change request, as in /templates/project-change-request-process, is a general change control step. An EOT claim is bound by contract notice periods, programme analysis and the role of an administrator or engineer who decides, so the clock, the records and the determination are drawn as separate steps.
Can it handle concurrent delay?
The assessment step is where it is dealt with. How concurrent delay is treated differs between forms and jurisdictions, so state your approach in the step's comments, and adapt the chart to your contract.
Where this process fits
In most operations this process follows RFI process flowchart (construction request for information).
Comes before
- RFI process flowchart (construction request for information) — RFI process flowchart template for construction: screening a field question, routing it to the architect or engineer of record, response deadlines, overdue escalation and the handoff to change order or delay notice.