Construction Delay Claims in the UAE: Extension of Time
How contractors in the UAE build and pursue an extension of time application: contractual grounds, timely notice and proof of critical-path delay.
How contractors in the UAE build and pursue an extension of time application: contractual grounds, timely notice and proof of critical-path delay.
Reviewed by Mohamed Noureldin, Founder, Managing Partner & Senior Legal Consultant
Construction Delay Claims in the UAE: Extension of Time Applications
Introduction
When a UAE construction project runs late, the contractor's first line of protection is an extension of time (EOT). A well-founded extension of time claim moves the completion date and shields the contractor from delay damages.
This guide focuses on how to build and pursue an EOT application. It does not cover the broader subject of delay damages.
Grounds for an Extension of Time
EOT entitlement usually arises from employer-caused delay, variations, exceptional weather, or other events the contract allocates to the employer's risk.
The starting point is always the contract. FIDIC-based forms and bespoke UAE contracts set out the specific relevant events and the notice procedure that governs them.
Notice and Timing
Most standard forms make timely notice a condition of entitlement. Missing a notice deadline can bar an otherwise valid claim. Contractors must therefore run a disciplined notice process from the moment a delaying event is foreseeable.
Under UAE law, strict time-bars are generally enforced, though good-faith principles can occasionally soften them.
Proving the Delay in an Extension of Time Claim
An EOT application stands or falls on its delay analysis. Contractors must show that the relevant event actually delayed the critical path, not merely that the event occurred. This requires programme evidence and an accepted delay-analysis methodology.
Concurrent delay, where employer and contractor causes overlap, is a frequent and contested complication.
Practical Tips for a Strong Application
To support an EOT application, contractors should:
- keep contemporaneous records;
- maintain an updated baseline programme;
- issue notices promptly; and
- link each claimed event to a critical-path impact.
Applications supported by contemporaneous documents are far harder to resist than reconstructed narratives.
Conclusion
A successful extension of time depends on contractual grounds, timely notice and rigorous critical-path proof. Contractors who run a disciplined EOT process protect both their programme and their exposure to delay damages.
