Late or absent notice
Notice logs, submission dates, change records and responses may help explain how a time request was administered. Their practical significance depends on the project history, contract requirements and available evidence.
For contractors
Prepare Extension of Time Requests
A time-request review may consider notice records, reported events, completion effects, concurrent delay on the critical path and supporting submissions. The scope and sequence depend on the project facts, records and contract administration. How concurrent delay is treated depends on the contract and applicable law, which are for counsel and the tribunal.
Notice logs, submission dates, change records and responses may help explain how a time request was administered. Their practical significance depends on the project history, contract requirements and available evidence.
A request may identify documentary support, inferences, assumptions and information gaps in a form suited to the contract and questions presented. The supporting material depends on the available records and the scope of the submission.
A request may explain the events, supporting information, assumptions and limitations. Its purpose is to present the technical basis for the questions counsel is evaluating, not to promise persuasion or a particular outcome.
Possible assignment considerations
In practice
- 01
Establish the contractual basis
Identify the provision relied on and what it actually requires, including any notice and substantiation obligations.
- 02
Consider available records
Contemporaneous records and later information may each contribute to an assessment. Their source, timing, consistency and limitations affect their interpretation in the circumstances.
- 03
Demonstrate the effect on completion
Show the activity's effect on the critical path, with the schedule, assumptions and time perspective stated.
- 04
Explain the technical basis
A request may identify documentary support, inferences, assumptions and information gaps in a form suited to the contract and questions presented. The supporting material depends on the available records and the scope of the submission.
Considerations and limitations
Questions and limitations to consider
Assertion without the record
A narrative without supporting records leaves important facts unverified.
Effect assumed from cause
Treating the occurrence of a delaying event as though it self-evidently moved completion, without demonstrating that it did.
Prepare Extension of Time Requests
Talk to a consultant
Also in this practice
Contractor Construction Administration Services
- Prepare Baseline ScheduleCPM schedule development and review in relation to the project facts and contract requirements.
- Prepare Schedule UpdatesPeriodic updates documenting progress, forecast assumptions and material revisions.
- Construction Progress MonitoringAssessment of reported progress, project information and relevant forecasts.
- Delay Analysis & Project Progress MonitoringAnalyzing delay events, their supported time effects and the contract administration record.
- Schedule Requirement SpecificationWriting the scheduling specification so it produces a usable record, not a compliance exercise.
- Prepare Time Impact Analysis (TIA)Modeling identified events in a selected schedule, with the time perspective, assumptions and limits explained.
- Change Order RequestsPricing and substantiating changes, including their effect on time.
- Requests for Equitable AdjustmentA documented claim for the cost and time consequences of a change in the work.
- Estimating AssistanceTechnical estimating and cost analysis for bids, changes and claims.