Missing the notice deadline

FIDIC contracts require notice within 28 days of the contractor becoming aware of the event; missing the window can extinguish the right entirely under a time-bar.

Absence of causation

A claim that proves the event and proves the damage but cannot link them with conclusive evidence collapses before the first technical review or arbitral tribunal.

Unmethodical delay analysis

An EOT request without an accredited analysis tying the event to the critical path is treated as an assertion, not a provable entitlement.

Incomplete or late records

Missing daily site records, correspondence and RFIs leave the quantum without support — and the claim is rejected with significant financial loss.

Mixing time and money

Merging the EOT claim with the cost claim without a methodical separation confuses the assessment and weakens both.

The wrong contractual basis

Relying on a clause that does not support the claim type, confusing Red and Yellow Book provisions, or a missing contract clause — opens the door to procedural rejection.

Introduction & Executive Summary

An overview explaining the reason for the claim and the nature of the contractor’s demands — time, money or both — phrased so the decision-maker grasps the essence in minutes.

Contractual Basis

The precise contract clauses that establish the contractor’s right, with clause number and edition (e.g. FIDIC provisions), linking the clause to the nature of the entitlement.

Statement of Facts & Chronology

A coherent timeline of the events leading to the problem, supported by dates and sources, building a clear picture for the reader.

Proof of Causation

Conclusive evidence that the event — late site possession or a variation order — is the direct cause of the damage, applying the ‘but-for’ test.

Delay Analysis

An accredited analytical programme showing the event’s impact on the critical path, distinguishing concurrent from independent delay using a technically accepted method.

Cost Computation (Quantum)

A precise financial breakdown of direct costs, site overheads and profit where applicable, referenced to the correct pricing mechanism.

Annexes & Evidence

Daily site records, official correspondence and RFIs, meeting minutes and supply invoices — organised and indexed.

Closing Position & Relief Sought

A clear statement of the legal and technical position, precisely defining the relief sought: days of extension, the amount in dirhams, or both, methodically separated.

Immediate Notice & Protecting the Right

Detecting the impacting event and serving formal notice within the contractual window, cutting off any time-bar defence before the claim is even built.

Evidence Gathering & Documentation

Compiling and organising daily site records, correspondence, RFIs, meeting minutes, photos and survey data — and building an indexed evidence log linking each fact to its source.

Establishing the Contractual Basis

Reading the contract to identify the clause that founds the entitlement precisely — distinguishing the contract type (Red or Yellow Book) and selecting the correct text without a procedural gap.

Building the Narrative & Chronology

Drafting the story of events in precise chronological order, so the reader flows from cause to effect without logical jumps, each date tied to its evidence.

Critical-Path Delay Analysis

Producing the accredited delay analysis showing the event’s impact on the critical path, distinguishing concurrent from independent delay — turning the EOT request from assertion into proven entitlement.

Proving Causation

Conclusively linking the event to the damage via the ‘but-for’ test — proving that but for the event the delay or cost would not have occurred — and closing every avenue the opposing party might use.

Quantum Computation

Quantifying the financial damage precisely: direct costs, site overheads, prolongation costs and profit where applicable — separating the time claim from the money claim.

Drafting & Formal Submission

Assembling the components into a coherent, indexed claim file in precise, concise language, submitted through the correct contractual channel within the prescribed window.

Follow-up, Negotiation & Settlement

Responding to the Engineer’s queries, managing negotiation rounds with evidence, and supporting the position to settlement — or preparing the file for dispute determination where needed.

Observe the Time Limits

Serve notices and the claim within the window set in the contract to avoid losing the right. FIDIC, for example, requires notice within 28 days of the contractor’s awareness of the event — a delay here can forfeit a valid entitlement.

Document Continuously

Keep precise daily records of weather, labour, plant on site and correspondence; evidence gathered at the moment of the event is far stronger than evidence reconstructed later.

Separate the Claims

Present EOT claims separately from cost claims to ease their assessment, unless they are so interlinked that they must be presented together.

The arbitrator’s perspective

The claim is built through the eyes of the one who sits on the determination panel — anticipating objections and answering them before they are raised.

Technical and legal precision

Combining civil engineering with contract reading ensures every assertion rests on the correct clause and the appropriate technical evidence.

Defensible delay analysis

Accredited critical-path methodologies that withstand cross-examination and turn the EOT request into a proven entitlement.

Command of the UAE context

Knowledge of the local contractual and regulatory framework and the arbitration rules in force in the country.

I work at the precise intersection of engineering, construction contracts and arbitration in the UAE construction sector. This dual vantage point means your claim is written neither in abstract legal language nor in technical language an arbitrator struggles to assess — but in language that ties the engineering fact to the contractual clause and the financial impact in one provable fabric.

◆ Arbitrator, tribunal chairman and independent expert in high-value, multi-party disputes.

◆ Delay analysis and the SCL Protocol; FIDIC contracts (1999 & 2017).

◆ Distinguishing concurrent from independent delay and applying the but-for test.

◆ Conversant with the UAE Civil Code and arbitration rules (DIAC, ICC, ADCCAC).

◆ Civil engineer and senior project manager.