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(CDR-1254) EOT Claims: Successful Navigation through a Legal and Technical Minefield

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Primary Author: Dr Anamaria I Popescu PE PSP
Co-author(s): Mr John C. Jerz

Audience Focus: Intermediate
Application Type: Application
Venue: 2013 AACE International Annual Meeting, Washington, DC, USA

Abstract: Extensions of time claims (EOTs) continue to be a practical and legal minefield for a principal and contractor alike. For a contractor, an extension of time claim can be the most expedient and successful method of recovering delay costs. However, the question of entitlement to an EOT should always be examined from both a legal perspective (by reference to the contract) and also a practical perspective (by reference to the contemporaneous schedules and project records). This paper focuses on the methodology a contractor should employ to prepare a compelling EOT claim. First, the triggers giving rise to an EOT claim will be explored along with contractual entitlement. Next, the key ingredients necessary to create an effective EOT claim are described. Finally, discussion involving the correct documentation and presentation of an EOT claim is explained along with the timing of the submission.