Extension of time
An extension of time means that an agreed date is moved back because the delay cannot be attributed to the contractor. It is the objective answer to a justified impediment.
Typical grounds
In practice, the following circumstances are among those raised as impediments:
- Weather-related delays.
- Subsequent variations ordered by the client.
- Late delivery of drawings.
- Missing preliminary work by third parties.
- Notified and recognised impediments from the project environment.
Relation to delay
The connection is often overlooked: where a justified impediment exists, the contractor is not in default. The question of an extension therefore has to be settled before a notice of delay is issued – not afterwards. If a notified impediment is left unaddressed, the extension may well be recognised later anyway.
A recognised extension shifts the intended state. The original schedule loses its function as a benchmark unless it is updated. In Menira this creates a new dated state, while the previous version remains as a basis for comparison.
This article sets out common practice and does not replace legal advice in an individual case.