FIDIC / Legal Reference: FIDIC Red Book Clause 8.4
A contractual entitlement that extends the contractor’s Date for Completion — and therefore the period during which Delay Damages can accrue — when qualifying delay events occur that are the employer’s responsibility or a shared neutral risk. An EOT protects the contractor from damages it did not cause.
What it means in practice
Under FIDIC Red Book Clause 8.4, an EOT may be granted for: Variations, exceptionally adverse climatic conditions, physical obstructions not foreseeable by an experienced contractor, employer’s failure to give access, and any delay caused by the employer or its personnel. The contractor must give notice within 28 days of becoming aware of the delay event.
An EOT does not automatically entitle the contractor to additional money. Time and money are separate entitlements under FIDIC. Prolongation costs must be pursued separately under the Clause 20 claims procedure, with supporting cost records demonstrating actual additional expenditure.
Where disputes arise
Failure to grant an EOT that should have been granted can put Time at Large, removing the employer’s right to Delay Damages entirely. Concurrent delay — where contractor-caused and employer-caused delays overlap on the critical path — is the most contested analytical issue in EOT disputes.
UAE Context
Authority NOC delays — where DEWA, Civil Defense, Etisalat, or municipality approvals are delayed beyond the contractor’s control — are the most common grounds for EOT claims in UAE construction. Contractors must demonstrate critical path impact and timely notice to succeed.
Related terms
EOT entitlement analysis requires programme expertise and a thorough understanding of FIDIC notice requirements. e-Basel provides delay analysis and expert witness services for EOT disputes across UAE construction projects.
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