Clause 23.

0: Extension of Time
The principle purposes of this clause are namely:
- To retain as far as practicable, a defined time of completion for the contractor to work towards
in order to meet his obligations under the contract;
- To preserve the employer’s contractual rights to liquidated damages against acts of
prevention; and
- To give the contractor, as part of the balancing of risks between the parties, reasonable relief
from his strict duty to complete on time in respect of delays caused by certain permitted
“neutral events” such as force majeure”, exceptionally inclement weather, civil commotion,
strikes, etc.

The inclusion of this clause is basically for the benefit of not only the contractor but also the employer

- The benefit to the contractor of an Extension of Time is only to relieve the contractor of
liability for damages for delay (usually Liquidated Damages) for any period prior to the
extended contract completion date
- The benefit of Extension of Time to the employer is that it establishes a new contract
completion date, and prevents time for completion of the works becoming “at large”

Clause 23.1: Submission of notice and particulars for extension of time

“If the Contractor is of the opinion that the completion of the Works is or will be delayed beyond
the Completion Date by any of the Relevant Events stated in Clause 23.8, he may apply for an
extension of time provided always that:”

Clause 23.1(a)

“the Contractor shall give written notice to the Architect his intention to claim for such extension
of time together with an initial estimate of the extension of time he may require supported with all
particulars of the cause of delay. Such notice must be given within twenty-eight (28) Days from the
date of the AI, CAI or the commencement of the Relevant Event, whichever is earlier. The giving of
such written notice shall be a condition precedent to an entitlement of extension of time; and”

Clause 23.1(b)

“within twenty-eight (28) Days of the end of the cause of delay, the Contractor shall send to the
Architect his final claim for extension of time duly supported with all particulars to enable the
Architect to assess any extension of time to be granted. If the Contractor fails to submit such
particulars within the stated time (or within such longer period as may be agreed in writing by the
Architect), it shall be deemed that the Contractor has assessed that such Relevant Event will not
delay the completion of the Works beyond the Completion Date.”

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 - This clause deals with the inception stages of an extension of time claim, ie the contractor’s
decision to tender a claim or otherwise, his notification of the same to the architect and his
subsequent application/substantiation of the claim in question

- The contractor must make a decision whether he has a contractual basis to pursue a claim for
extension of time
- The credible evidence that he can based on are:
 The completion of the works is actually delayed; or
 The completion of works will be delayed; and
 The cause(s) of the delay is or are one or more of the Relevant Events stated in
Clause 23.8
- If the delay to the progress of works has no impact on the Completion Date, the contractor
may be able to claim for disruption but not for extension of time
- Clause 23.1(a) requires the contractor to give to the architect a written notice of his intention
to claim for extension of time
- The minimum contents of the notice shall include:
 A statement on the contractor’s intention to claim for extension of time; and
 An initial estimate of the extension of time that he requires; and
 All particulars of the cause of the delay
- The maximum period for the notice to be send has been prescribed as 28 Days from the date
of AI, CAI or the commencement of the Relevant Event, whichever is earlier
- The giving of the notice is a mandatory requirement for the entitlement of the EOT
- Clause 23.1(b) states that if the contractor is not able to meet the prescribed 28 Day period
and he require more time, he has to officially apply to the architect in writing for an extension
with reasons to support his application
- “All particulars” as stated in this clause include such important matters as programmed
analysis, event analysis, resource analysis, comparative analysis, time impact analysis,
reprogramming analysis, etc. and contemporary records
- If he defaulted in submitting the particulars then the contractor is considered to have waived
his right to any extension of time

Clause 23.2: Delay by Nominated Sub Contractor

“Where the particulars of the written notice given under Clause 23.1 include references to
Nominated Sub-Contractors, the Contractor shall forthwith send a copy of such written notice and
particulars to the Nominated Sub-Contractor concerned.”

- This clause requires the contractor to send to the relevant nominated sub-contractors, a copy
of the written notice that he has given to the architect

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 - The default by the contractor may have serious contractual ramifications on the nominated
sub-contractors involved

Clause 23.3: Insufficient information

“If the Architect is of the opinion that the particulars submitted by the Contractor are insufficient
to enable him to decide on the application for extension of time, the Architect shall within twenty
eight (28) Days from receipt of the Contractor's particulars under Clause 23.1(b), inform him of
any deficiency in his submission and may require the Contractor to provide such further
particulars within a further twenty eight (28) Days or within such period of time as may be stated
by the Architect in writing.”

- The architect is required to thoroughly review the submissions of the contractor and make a
decision whether the particulars submitted are complete and sufficient for him to proceed with
the assessment

- The architect is obliged to undertake the following:

 To identify the deficiency that he requires the contractor to remedy;
 To notify the contractor to provide such further particulars as he has identified in item
above;
 To require the contractor to submit these particulars as above to him within a
prescribed period

- The minimum period that the architect can prescribe must be 28 Days

Clause 23.4: Certificate of Extension of Time

“When the Contractor has submitted sufficient particulars for the Architect's consideration, the
Architect shall subject to Clauses 23.5, 23.6 and 23.8, consider the Contractor's submission and
shall either reject the Contractor's application with reasons or issue a Certificate of Extension of
Time with details within six (6) Weeks from the receipt of sufficient particulars. The Architect may
issue the written notice of rejection or the Certificate of Extension of Time before or after the
Completion Date.”

- This clause deals with the assessment of the contractor’s application for extension of time
under clause 23.1 and the architect’s decision on the fate of the application
- The architect will need the input from the other relevant parties such as the QS, engineers and
other consultants involved in the contract before he makes the important decision for EOT
- The architect must act fairly and reasonably in assessing the contractor’s application as any
default in this obligation may affect the certificate issued by him
- The architect should undertake a number of preliminary checks such as:
 To establish matters such as the occurrence of the delay as alleged;
 The relevancy of the submissions made;

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  The accuracy of the information submitted;
 The evidential value of the submissions made can substantiate proof of entitlement;
 Whether the event in principle entitles the contractor to an extension of time as
claimed
- The followings are the prevailing principles that must be taken into consideration in assessing
the contractor’s entitlement for EOT:
 An extension of time can only be validly granted if the procedures laid down in the
contract are strictly followed;
 An extension of time can only be validly granted in respect of an event as expressed
in the contract as ‘relevant events’ and which has delayed or is likely to delay
completion;
 The delay must be affecting an activity or activities that are on the critical path i.e one
that is having ‘little or no float’ that cannot be delayed without affecting the others;
 The ‘net effective’ delay must be assessed based on the contractor’s approved work
programmed and the interdependence of the operations of the work in relation to the
whole of the works. Consequential delays must also be considered;
 In assessment, a logical analysis and not a mere impressionistic must be undertaken
in a methodical way of the impact which the relevant matters had or were likely to
have on the contractor’s planned programmed;
 The overriding requirement is as to the satisfaction of the ‘Fair and Reasonableness’
on part of the assessor
- It is advisable for both the contractor and the architect to employ common techniques for time
and delay analysis in the application for EOT and its subsequent assessment respectively
- The architect may utilize any relevant records, documents, etc. at his disposal, architect’s
personal records, official records of the contractor, official progress reports, site diaries,
relevant correspondence, drawings/diagrams, official records of meetings/discussions, work
programmed/scheduling documentation, records/information/reports, etc. from third parties
and/or independent bodies and other relevant records, documents, etc.
- The architect should use the above to cross-check and verify the contractor’s various
contentions contained in his application and use these as a basis of his own analysis for the
entitlement
- The architect has to make either of the following two decisions and communicate to the
contractor in writing:
 Reject the contractor’s application; or
 Grant the contractor a commensurate EOT
- This clause requires the architect to issue a Certificate of Extension of Time to the contractor

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 - This Certificate must state the duration of extension granted on an elemental basis ‘event-by-
event’ with relevant reasons and the fixing of the new/revised Completion Date
- The architect shall either reject or issue the contractor’s application or issue the Certificate of
Extension of Time within six (6) weeks from the receipt of the sufficient particulars

Clause 23.5: Other consideration for extension of time

In assessing the extension of time, the Architect may take into account the following:

Clause 23.5(a)

“the effect or extent of any work omitted under the Contract, provided always that the Architect
shall not fix a Completion Date earlier than the Completion Date stated in the Appendix; and”

Clause 23.5(b)

“any other Relevant Events which in the Architect's opinion will have an effect on the Contractor's
entitlement to an extension of time.”

- Clause 23.5(a) deals with the situation where many architects feel that when omissions are
issued, they are entitled to reduce an extension of time already granted or reduce the contract
period so that the original contract completion date is accordingly brought forward
- The architect cannot reduce the original contract period irrespective of how many omissions
he issues to the contractor
- Clause 23.5(b) states that although the architect has a discretion, he must nevertheless act
reasonably and fairly in his assessment for EOT
- He is empowered also to consider any other Relevant Events that will have an effect on the
contractor’s entitlement to an extension of time
- This clause permits the architect to grant extension of time even if the contractor chooses not
to apply for extension based on the employer’s breach eg not made timely payments to the
contractor