How we can help
We act for stakeholders across the supply chain on all aspects of extension of time disputes in construction, including claims based on variations, late information, design development, change in statutory requirements, discovery of unforeseen conditions, access constraints, exceptionally adverse weather, industrial action and third‑party interfaces. We also advise on NEC compensation events and time risk allowances, early warnings and programme acceptance.
Our services cover the full life‑cycle of an EOT dispute: contract review to identify relevant events and time bar provisions; drafting compliant notices; preparing or challenging delay analyses (including time‑impact, windows and as‑built critical path methods); quantifying prolongation and disruption; addressing concurrency; conducting without prejudice negotiations; and representing you in adjudication, mediation, expert determination, arbitration and court proceedings.
We are experienced with standard forms and amendments including JCT 2016/2024 and NEC3/NEC4. We routinely liaise with planning experts, quantum specialists and counsel to present robust, evidence‑based cases within tight timetables.
Common issues we handle
Notice requirements and time bars: many contracts make early notice a condition precedent to an EOT. We advise on preserving entitlement where deadlines have been missed, and on defending claims where notice was defective.
Relevant events and compensation events: we assess whether the contractual grounds for an EOT are made out, including employer risk events, instructions, late approvals, utilities, statutory undertakers and force majeure or prevention principles where applicable.
Critical path delay analysis: establishing causation is central to any EOT dispute. We commission and challenge delay analyses, testing logic links, contemporaneous records, float ownership and the accuracy of baseline programmes.
Concurrency: where contractor and employer delays overlap, we advise on the prevailing contractual wording and case law, the potential for an extension of time without associated loss and expense, and clauses allocating risk for concurrent delay.
Liquidated damages and acceleration: we challenge or defend deductions of liquidated damages, and advise on mitigation strategies including directed and constructive acceleration, recovery programmes and agreed re‑sequencing.
Prolongation and disruption: alongside time, we pursue or resist associated money claims, evidencing site preliminaries, head office overheads, inefficiency, and loss of productivity with suitable methodologies and records.
Our approach to resolving disputes
Early assessment: we provide a swift, candid appraisal of entitlement, risks and commercial options so you can make informed decisions and manage stakeholders and funders.
Evidence‑led strategy: we prioritise contemporaneous records—programmes, site diaries, instructions, RFIs, meeting minutes, photographs, resource histograms and cost data—to build persuasive, auditable claims and defences.
Proportionate resolution: we aim to resolve disputes at the earliest sensible stage through negotiation or mediation. Where formal action is necessary, we are adept at fast‑track adjudications and complex proceedings.
Sector understanding: we act across residential, commercial, infrastructure, education and healthcare projects, appreciating the pressures of live projects, phased handovers, sectional completion and third‑party interfaces.
Why choose us
Specialist construction disputes team: our solicitors focus on contentious construction issues, combining deep contract knowledge with practical site awareness and strong procedural expertise in adjudication and the Technology and Construction Court.
Cross‑disciplinary strength: Stephensons is a full‑service firm with established commercial, regulatory and advocacy teams. Our experience conducting contested hearings, including within our criminal and regulatory practices, informs our rigorous approach to evidence, strategy and advocacy in construction disputes.
Clear, commercial advice: we explain your position in plain language, set achievable objectives and align our strategy with your programme, funding and stakeholder priorities.
Transparent pricing: we offer flexible fee structures, including staged budgets for adjudication and fixed‑fee scoping where appropriate, so you have cost certainty as a dispute progresses.
National reach: we represent clients across England and Wales and can mobilise quickly to support urgent notices, evidence preservation and adjudications.
What evidence will help your claim
Successful extension of time disputes in construction are built on contemporaneous records. We will help you collate and present: the signed contract and amendments; the accepted programme and updates; instructions and variations; correspondence and RFIs; meeting minutes; resource and plant records; site diaries and photographs; delivery notes; test certificates; weather data; and cost reports. Where necessary, we engage independent delay and quantum experts to carry out structured analyses aligned with the Society of Construction Law Delay and Disruption Protocol.
Typical contract considerations
JCT contracts: focus on relevant events, prompt notice and substantiation, the architect/contract administrator’s duty to make a fair and reasonable extension, relevant matters for loss and expense, and the mechanics of withholding or deducting liquidated damages.
NEC contracts: emphasise early warnings, compensation events notified and assessed within tight timescales, prospective time‑impact assessments against the accepted programme, and the importance of programme submission and acceptance cycles.
Bespoke amendments: many disputes turn on amendments to standard clauses, particularly around conditions precedent, float ownership, concurrent delay and caps on liability. We scrutinise these to understand and leverage your position.
Frequently asked questions
What is an extension of time? An extension of time is a contractual adjustment to the completion date to account for qualifying delay events, preventing time becoming at large and preserving the employer’s right to deduct liquidated damages only for unexcused delay.
When should I notify a delay? As early as possible and always within the timescales in your contract. Many contracts make timely notice a condition precedent to any EOT entitlement.
What counts as a relevant event or compensation event? It depends on your contract, but common examples include variations, late information, employer‑caused access restrictions, changes in law, exceptionally adverse weather and actions of statutory undertakers. We map your facts to the contract.
Can I claim prolongation costs as well as time? Often yes, provided your contract allows loss and expense or compensation associated with the delay and you can prove causation and quantum. Evidence of preliminaries, staff, plant and site overheads will be important.
How is critical path delay proved? Through a structured analysis comparing the baseline and updated programmes, logic links and contemporaneous records. Techniques include time‑impact analysis, windows analysis and as‑built critical path analysis.
What happens if delays are concurrent? The outcome depends on your contract wording and governing law. A common approach is that an EOT may be granted for employer risk events, but associated costs might be limited where true concurrency exists. We will advise on the latest contractual and case law positions.
Do I have to accept liquidated damages? If you have an entitlement to an EOT, you can resist or reduce deductions. If liquidated damages are penal in effect or the employer has not complied with notice requirements, they may be challengeable. We assess all potential defences.
Is adjudication the best forum? Adjudication is a quick, cost‑effective route for many EOT disputes, delivering an enforceable decision usually within 28 days. It can be followed by negotiation or final determination through arbitration or court if needed.
How long do I have to bring a claim? Limitation periods typically run for six years from breach under a simple contract and twelve years under a deed. Do not delay; early advice helps protect your position.
Can weather justify an EOT? Only if it meets the contractual threshold, such as exceptionally adverse weather under JCT, usually measured against long‑term meteorological data. We help gather and present suitable evidence.
Practical tips to strengthen your position
Give early, compliant notices of delay and potential compensation events; maintain a living, logic‑linked programme; record resourcing and productivity; keep clear minutes of instructions and approvals; and avoid informal agreements that cut across the contract. If delay emerges, seek advice promptly—proactive management is far more effective than retrospective repair.
Contact our construction disputes solicitors
If you are facing extension of time disputes in construction or need urgent advice on delay notices, programme impact or liquidated damages, contact Stephensons on 0161 696 6170. Alternatively, fill in our enquiry form for a prompt callback from our team. We act quickly, decisively and with your commercial objectives at the forefront.
