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Demiton
Extension of time guide
Extension of time / EOT claims

How do you claim an extension of time?

An EOT claim is the written claim for more time that follows a delay. Each form starts its own clock. AS 4000, AS 2124 and GC21 count 28 days from the delay starting. AS 4902 counts 28 days from when the cause should reasonably have been known. The TMR TIC allows 20 business days.

When the clock starts

The library holds two start events. Most forms count from the delay starting: AS 4000, AS 2124, GC21, the TMR TIC and Main Roads WA Minor Works. AS 4902 counts from when the delay's cause should reasonably have been known, which can be later.

How long it runs

ContractExtension of time claim
AS 2124-199228 daysClaim an extension of time within 28 days of the delay startingcl 35.5If missed: the claim is barred
AS 4000-199728 daysClaim an extension of time within 28 days of the delay startingcl 34.2, 34.3, 34.5If missed: the claim is barred
AS 4902-200028 daysClaim an extension of time within 28 days of when the delay's cause should reasonably have been knowncl 34.2, 34.3, 34.5If missed: the claim is barred
GC21 Ed 2 (ACT)not held in the library
GC21 Ed 2 (NSW)28 daysClaim an extension of time within 28 days of the delay startingcl 50.3If missed: reduced for each day late
TfNSW C2-GC21not held in the library
TfNSW C4128 daysGive RMS written notice of a delay, with its details, causes and the extra time claimed, within 28 days of the start of the delaycl 5.4.2If missed: the claim is barred
TMR TIC20 business daysClaim an extension of time within 20 business days of the delay startingcl 35.5(c), (h), (l)If missed: the claim is barred
Main Roads WA Major Worksnot held in the library
Main Roads WA Minor Works14 daysClaim an extension of time within 14 days of the delay startingGCC 9.6If missed: the claim is barred

New Zealand's forms work by a notice of the claim instead, 20 working days under NZS 3910:2013 (cl 10.3.2): see notice of delay.

Days, business days, working days

The forms count differently. AS 4902: days are calendar days (cl 1). The TMR TIC counts business days (20 business days for the claim). NZS 3910 counts working days (20 working days for the notice). Demiton does not print a dated deadline for these: the library does not yet hold each form's rule for which days count.

When the delay keeps going

  • GC21 cl 50.3Updated every subsequent 28 days while the delay continues.
  • NZS 3910:2023 (draft)A continuing delay may be notified more than once.

The library holds no rule on a continuing delay for the other forms.

Weather

  • NZS 3910:2013 cl 9.5.1Weather is not an unforeseen physical condition, but cl 10.3.1 lists weather sufficiently inclement to interfere with the progress of the works as a ground for an extension of time.
  • Main Roads WA Minor WorksWeather judged against meteorological averages.
  • TfNSW G2-C2 cl 43Record wet weather days against the programme. Named in each EOT claim, no separate numeric window stated. Delay costs recoverable only above a per-project threshold.

The record the claim stands on

A claim is measured against the programme. The Contract Program is what every later extension-of-time claim is measured against (cl 50.1). These are the programme duties the library holds; each is a breach of contract when missed, except where the table says otherwise.

ContractProgramme
GC21 Ed 2 (NSW)14 daysSubmit the Contract Program within 14 days after the Date of Contractcl 22.1If missed: a breach of contract1 monthUpdate the programme within 1 monthscl 22.3If missed: a breach of contract
TfNSW G2-C21 monthUpdate the programme within 1 monthscl 39.2If missed: a breach of contract
TMR TIC1 monthUpdate the programme within 1 monthscl 33.4.9If missed: a breach of contract
Main Roads WA Minor Works1 monthUpdate the programme within 1 monthsGCC 17.2, 17.4If missed: a breach of contract
New Zealand
NZS 3910:201320 working daysSubmit the programme within 20 working dayscl 5.10.1-5.10.4If missed: the claim is barred
  • NZS 3910:201310 WD after acceptance of tender for the initial programme; the 20 working days is for the full programme.
  • TMR TIC cl 33.2.1, 33.2.2Submit the daily report within 1 business days. Due by 11.00am the following Business Day. Only required where Item 34A of the contract particulars applies.
  • Site photographsNo Australian primary source names a photo cadence. Demiton's default is dated, located photographs every working day, from the SCL Delay and Disruption Protocol (App B 2.2-2.3). The one-per-working-day cadence and the dated-and-located content requirement are the Demiton default, not a source's. It is guidance: a day without photographs is never counted as missed.

Templates and examples

Not here. The library holds each form's window, clause and the cost of missing it, not the wording a claim must carry, and wording is drafting. Use the clause on the form's own page and your contract's special conditions. What the library can give you is the checklist above: the window, the start event, the clause and what a late claim costs, for the form you are on. What a late claim costs, form by form, is on late claims.

What this page is, and is not

It is the clause, window and consequence this library holds for each published contract form. It is not legal advice, and it is not your contract: a principal's special conditions can change any window and any consequence here, so read the contract you signed.

No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.

Start freeEvery document we hold

Common questions

What is an EOT claim?

An EOT claim is the written claim for more time that follows a delay. Each form starts its own clock. AS 4000, AS 2124 and GC21 count 28 days from the delay starting. AS 4902 counts 28 days from when the cause should reasonably have been known. The TMR TIC allows 20 business days.

How long do you have to submit an EOT claim?

28 days under AS 4000 (cl 34.2, 34.3, 34.5), AS 2124 (cl 35.5) and GC21 (cl 50.3); 28 days under AS 4902 from when the cause should reasonably have been known; 20 business days under the TMR TIC (cl 35.5(c), (h), (l)); 14 days under Main Roads WA Minor Works (GCC 9.6).

When does the EOT clock start?

Under AS 4000, AS 2124, GC21, the TMR TIC and Main Roads WA Minor Works, from the delay starting. Under AS 4902, from when the delay's cause should reasonably have been known, and its days are calendar days (cl 1).

What if the delay is still going when the window closes?

Under GC21 you claim within 28 days, and the claim is updated every 28 days while the delay continues (cl 50.3). The NZS 3910:2023 draft lets a continuing delay be notified more than once. The library holds no rule on this for the other forms.

Can weather be a reason for an extension of time?

Under NZS 3910:2013, yes: cl 10.3.1 lists weather sufficiently inclement to interfere with the progress of the works as a ground for an extension. Under Main Roads WA Minor Works, weather is judged against meteorological averages. TfNSW G2-C2 wants wet weather days recorded against the programme and named in each EOT claim (cl 43).

Is there an EOT claim template?

Not here. The library holds each form's window, clause and the cost of missing it, not the wording a claim must carry, and wording is drafting. Use the clause on the form's own page and your contract's special conditions.