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Extensions of time in construction contracts

Separate contractor delay from employer-caused events and document extension requests.

In brief

An extension-of-time claim should present an event chronology, causation and notices under the actual contract. Distinguish inaccessible employer-provided work fronts, design changes, contractor resource shortages and concurrent delay. “The site was difficult” is not a measurable explanation of critical-path impact.

Applicable legislation: Civil Code of Georgia, General Administrative Code

Applying the rule in practice

If Block A was unavailable for 12 days, compare handover records, daily logs, the baseline programme and actual restart. Identify any alternative fronts available to the contractor before allocating all 12 days as employer-caused critical delay.

Establish the contractual baseline

Start with the executed contract, preconditions to commencement, site handover records and variation history. Informal schedule discussions can be hard to prove on multi-contractor projects. Identify the last formally agreed programme and distinguish it from internal planning documents.

Substantiating an extension request

An extension request should identify the event date, relevant notice provision, affected activity and actual programme impact. A broad assertion that 'the site was not ready' is weak without activity-level records, photos, correspondence and an updated programme.

Acceptance and commercial consequences

An extension of time does not automatically entitle a contractor to money. Examine time, price, penalties and guarantee changes independently. A certificate showing 100% of quantities within a particular payment period does not necessarily mean the entire project is complete.

Concurrent contractor interfaces

Multiple contractors create interface risks. Mechanical works may depend on another contractor completing structural work, and not every delay belongs to the same party. Document critical dependencies, access dates and notices. Express coordination responsibilities clearly in the agreement.

Guarantees when the programme changes

A programme extension can affect advance or performance guarantees. Amending the contract does not necessarily amend a bank's undertaking. Check completion and guarantee expiry or claim windows separately. Reduction of an outstanding advance and extension of guarantee validity are distinct issues.

An extension request needs a documented causal link

An extension request should link a specific event to specific critical work and ultimately to the completion date. Separate employer delays, design changes, weather, site access and contractor resource problems. Preserve correspondence, photographs, access records and a revised schedule. An amendment should say explicitly which of price, time, guarantee validity and liquidated-damages terms change.

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