Extension of time under FIDIC 2017: what the Engineer needs to see

1. The notice comes first

Under Sub-Clause 20.2.1 the Contractor must give a Notice of Claim within 28 days of becoming aware of the event. A late notice can end the entitlement before anyone looks at the programme, so the first job on any delay is to check the date of awareness and the notice.

2. Name the cause in Sub-Clause 8.5

Sub-Clause 8.5 lists the causes that give an extension: Variations, causes that another sub-clause names, exceptionally adverse climatic conditions, unforeseeable shortages, and delays caused by the Employer or the Employer's personnel. Each delay event in the claim should point to one of them, and to the sub-clause that gives the entitlement.

3. Show the effect on completion

A delay that uses float does not move the completion date. The claim has to show, on the accepted programme updated to the time of the event, which critical activities moved and by how much the completion date moved with them.

4. Deal with concurrent delay openly

If the Contractor's own delay runs on the same path at the same time, say so and apply the rule in the Special Provisions, or the rule the Particular Conditions set. A claim that hides concurrent delay loses credibility on every other point.

5. Attach the records the Engineer will look for

• The notice and the date of awareness for each event.
• Site diaries, standby records and photographs from the days of the delay.
• Instructions, RFIs and replies that show the cause.
• The programme files before and after the event, in their native format.

This note is general information, not legal advice for a specific contract.