Top 10 Secrets of a Successful EOT Claim

Demonstrated Contractual Entitlement.
Many claims fail for the simple reason that the stated events don’t give rise to a contractual entitlement to an EOT.

Detailed Records.
Above all else, the quality of a claim is founded on the quality and detail of the project records (updates, progress reports, notices, etc etc).

Clearly Documented Delay Events.
What happened, why did it happen and when did it happen – all backed up with records.

Choose an appropriate Delay Analysis Method.
Stick only to the recognized methods of analysis, or as dictated by the Contract. The nature of the claim, the time and cost available to prepare, and the degree of the Contractors own delays will also affect the choice of which methodology to use.

Develop Strong Fragnets.
Planner speak for the new entries into a programme that represent the delay events. A task to be undertaken only by those who know what they are doing and can create the extra time you are claiming.

Choose the Correct Programme to Impact.
Approved baseline, Unapproved baseline, recovery programme or revised programme? Many claims fail because the claimant is impacting the wrong programme.

Address Issues of Culpability, Compensability and Concurrency.
Understand the impact of these factors on your entitlement and address them. Don’t hide from these issues as doing so will ultimately result in a failed claim.

Tell the Story.
A beginning, a middle and an end! A delay claim must ultimately be a compelling narrative that persuades fellow professionals.

Avoid Over Complication.
Too many consultants all too often over complicate the entire process. Simple is best.

Use an Experienced Analyst.
Don’t take a gamble on whether your team know how to deliver items 1 to 9 above. Employ / appoint someone who has a proven track record in securing EOT’s. This decision can make you / save you enormous sums of money.

This blog was authored by David Brodie-Stedman, Managing Director, DBSConsult, Dubai and has been reproduced with his permission. 

 

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Comments

Leave a comment 2 Reader Comments
  1. Written by
    IGNACIO MANZANERA on

    Great article

  2. Written by
    Mohammad Yasir
    on

    Easier said than done, and complexity increases when it comes to securing EOT if you are on the subcontractor’s side
    1.) You do not have complete control over the baseline
    2.) Main Contractor does not forward your claim to the Engineer
    3.) Main Contractor returns your claims for silly reasons
    4.) Lack of proper documents and programme updates

    The impact is always on the main contract programme which is between Main Contractor & The Employer, unfortunately you do not get access to it since you have another programme between subcontractor & main contractor

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