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Claims & Delay Guide

How to Prepare a FIDIC Extension of Time (EOT) Claim

A practical walkthrough for planners and claims engineers: the FIDIC clauses that matter, why notice timing can sink a valid claim, how a Time Impact Analysis proves entitlement, and the evidence trail you need from P6.

What an EOT claim is — and isn't

An Extension of Time (EOT) claim asks the Engineer to move the contractual Completion Date because of a delay the Contractor is not responsible for. Under the FIDIC forms it does two things: it protects the Contractor from delay damages (liquidated damages), and — where the delay is compensable — it opens the door to associated cost. An EOT is about time; the money follows separately.

A valid EOT rests on three pillars: a qualifying cause, timely notice, and a demonstrable effect on the critical path. Miss any one and an otherwise-genuine claim can fail.

The FIDIC clauses that matter

  • Clause 8.4 (1999) / 8.5 (2017) — Extension of Time for Completion: lists the grounds for entitlement (variations, exceptional weather, Employer-caused delay, unforeseeable shortages, etc.).
  • Clause 20.1 (1999) / 20.2 (2017) — Contractor's Claims: the procedure. Critically, notice must be given within 28 days of when the Contractor became aware (or should have) of the event. Under the 2017 form, late notice can bar the claim entirely (a time-bar).

The 28-day notice is the single biggest killer of valid claims. Serve notice early, in writing, even before you have quantified the impact.

Proving the delay: Time Impact Analysis

Entitlement is not enough — you must show the event actually delayed the project completion, not just one activity. The most widely accepted prospective method is a Time Impact Analysis (TIA), consistent with the SCL Delay Protocol and AACE 29R-03:

  1. Start from the approved baseline (or the last accepted update) as the reference schedule.
  2. Insert a delay fragnet — an activity or logic tie representing the delay event — at the point in time it occurred.
  3. Re-schedule and measure the shift in the contractual Completion Date. That shift, day-for-day on the critical path, is your entitlement.
  4. Address concurrency and mitigation honestly — reviewers will.

The evidence trail from P6

A claim lives or dies on records. You need: the approved baseline, dated progress updates spanning the event, the correspondence establishing notice, and a clear variance showing the affected activities moving. This is where disciplined period reporting pays off — Progress Schedulytics compares consecutive P6 updates and produces an automated variance and delay narrative in Word & PDF, giving you the factual chronology that underpins the TIA. For the forensic methods behind retrospective claims, see the tools on our roadmap.

Build delay claims from P6 data faster

Progress Schedulytics generates period-over-period variance and an automated Word & PDF delay narrative straight from your P6 updates — the factual backbone of an EOT submission.

See Progress Schedulytics →

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