Extension of Time (EOT) Terms and definitions

It is important to understand the different terms and definitions associated with delay analysis and Extension of Time (EOT). Whether you are preparing a contractual letter for An EOT or you need to understand the EOT terms, the following Extension of Time (EOT) Terms and definitions worth reading.

Act of God – a natural occurrence caused directly and exclusively by natural forces without any human intervention, which could not have been reasonably foreseen or prevented by the contractor or any other party to the contract

Adjusted As-Built – a retrospective schedule impact analysis technique that uses a one time, after-the-fact insertion of owner and excusable delays into the as-built schedule to quantify global impact

Adjusted As-Planned – a retrospective schedule impact analysis technique in which delays are incorporated into the original CPM without regard to actual progress or historical work activity data, in order to quantify global impact

As-Built Schedule – an accurate historical representation of the actual sequence of construction and how it was completed

Baseline (As-Planned) Schedule – the target construction schedule based on the contractor’s original understanding of the project and used as the standard by which progress is measured

Cardinal Change – a change (either directed or constructive) to the contract that, because of size or the nature of the changed work, is clearly beyond the general scope of the contract

Change – when a contractor takes on any type of work that deviates from the original contract, or from the scope of work or plan of action reasonably anticipated under the contract

Collapsed As-Built (But-for) – a retrospective schedule impact analysis technique that apportions responsibility for each party by removing all sources of each delay (owner, excusable, contractor) to quantify global impact

Concurrent Delays – independent sources of delay that occur at same time and/or on separate parallel paths of a CPM network

Constructive Change – a change that is not acknowledged by the owner as such when it occurs, but which nonetheless is a change

Contemporaneous Technique – a schedule impact analysis technique applied at the time of the potential schedule impact

Contractor Responsible Delay (CRD) – a delay attributable to the contractor’s actions or inactions

Convenience Termination – contract clause permitting the owner to terminate the contract at the convenience of the owner, based on specific needs of the owner

Default Termination – contract clause permitting the owner to terminate the contract when the contractor is not meeting the contract requirements

Delay – the lack of performance or the extension of time required to complete a project that results from unexpected events; may be caused by the contractor, the owner, third parties, or by unanticipated natural or artificial site conditions

Differing Site Condition – a material, significant difference between the conditions represented in the contract and those encountered on site

Directed Change – a directed written modification to the contract that orders the contractor to make specific changes to the work required by the project plans and specifications

Disruption – the lost productivity that results from interruptions in the planned sequence of operations

Excusable Delay (ED) – as used in the schedule impact analysis techniques, a delay not attributable to either the contractor or owner

Excusable, Compensable Delay – a delay that will serve to justify an extension of contract performance time, as well as award delay damages; a delay at fault of the owner

Excusable, Non-Compensable Delay – a delay not attributable to the contractor or owner, which will serve to justify an extension of contract performance time, but no monetary compensation

Force Majeure – unforeseen events with causes beyond the contractor’s control, for which the contractor is deemed excusable in their failure to perform within the required time limits

Global Impact – a retrospective schedule impact analysis technique that plots all delays on an as-built bar chart, equating the total delay to be the sum total of the durations of all delaying events

Impacted Updated (Veterans Administration) – a schedule impact analysis technique that can be applied in a retrospective or contemporaneous manner, inserting delays into an updated as-planned schedule to quantify impact; separate calculations for each alleged delay-causing event are not required

Modification Impact Analysis (U.S. Army Corps of Engineers) – a contemporaneous schedule impact analysis technique in which at the time of modification, the actual status of the job is determined, the schedule is updated, and the delay is inserted to quantify singular impact

Net Impact – a retrospective schedule impact analysis technique that attempts to justify time extension by showing all delaying events on an as-built bar chart, claiming total project delay is the claim for time extension

Non-Excusable, Compensable Delay – a peculiar situation in which an owner and contractor are concurrently delaying the project, and monetary compensation for the owner’s delay can be properly apportioned

Non-Excusable, Non-Compensable Delay – a delay caused by the contractor’s actions and/or inactions that denies the contractor claims for either time extensions or compensation; the contractor may also be held liable for liquidated damages

Owner Responsible Delay (ORD) – a delay attributable to the owner’s actions or inactions

Retrospective Technique – a backward-looking schedule impact analysis technique that is applied upon project completion

Schedule Impact – the potential effect of a delay or change on a project schedule; may be in the form of delay or change in project completion date, delay or change in project sequence, or consumption of float

Schedule Impact Analysis (SIA) – the process of quantifying and apportioning the effect of delay or change on the project schedule

Schedule of Record (SOR) – the current accepted construction schedule, recently updated or revised, to reflect actual progression of the work and resulting changes to the work plan

Suspension – a written directive by the owner to stop all work on the project, either because the contractor has failed to perform in accordance with contract documents, or at the owner’s convenience

Time Impact Analysis – similar to the Modification Impact Analysis, a schedule impact analysis technique that recreates the actual status of the job at the time of modification, updates the schedule, inserts delays, and quantifies singular impact; although retrospective in that it is done after the fact, it has a contemporaneous orientation, not a hindsight perspective

Type I Differing Site Condition – a contract misrepresentation; a physical condition encountered on the site that differs materially from that represented in the contract documents

Type II Differing Site Condition – an unknown physical condition encountered that is not represented in the contract, and is not normally expected in the type of construction work performed