Introduction
Most major construction projects in Dubai, the UAE and the wider GCC are built on FIDIC contracts or forms based on them. Under these contracts, a contractor’s right to more time is not automatic. It exists only if the contractor submits the right claim, at the right time, with the right evidence.
Many contractors lose days they were entitled to, not because their case was weak, but because the notice was late or the claim was a general letter with no analysis. Then the delay damages start.
This guide explains how to write an EOT claim under FIDIC, step by step, so your claim is complete, on time and hard to reject.
What is an EOT Claim Under FIDIC?
An Extension of Time (EOT) claim is a formal request from the contractor to the Engineer to extend the Time for Completion, because an event outside the contractor’s responsibility delayed the critical path. If approved, the contractor is protected from delay damages for those days and may also be entitled to prolongation costs.
Key Clauses by Edition
| Item | FIDIC 1999 Red Book | FIDIC 2017 Red Book |
|---|---|---|
| Grounds for EOT | Sub-Clause 8.4 | Sub-Clause 8.5 |
| Delays caused by authorities | Sub-Clause 8.5 | Sub-Clause 8.6 |
| Claims procedure | Sub-Clause 20.1 | Sub-Clause 20.2 |
| Notice of claim | Within 28 days | Within 28 days |
| Fully detailed claim | Within 42 days | Within 84 days |
| Engineer’s response | Within 42 days | Within 42 days |
Always check the Particular Conditions of your contract. They often change these time limits. Some older and government contracts in the UAE still use the FIDIC 4th Edition (1987), where Clause 44 deals with extensions of time, also with a 28-day notice period.
Common Events That Justify an EOT
- Variations and changes in scope
- Late drawings, instructions or approvals from the Employer or Engineer
- Late access to or possession of the site
- Delays by public authorities and utility providers (permits, NOCs, connections)
- Unforeseeable physical conditions or exceptionally adverse climatic conditions
- Suspension of work instructed by the Engineer
Key Benefits of a Well-Written EOT Claim
1. Protection From Delay Damages
Every approved day removes a day of liquidated damages from your exposure.
2. Recovery of Prolongation Costs
When the delay is caused by the Employer, time-related costs can be claimed alongside the extension.
3. Your Rights Stay Protected
Meeting the notice and submission deadlines prevents your claim from becoming time-barred.
4. A Realistic Programme
An approved extension gives the project a completion date that reflects reality, instead of a baseline no one can meet.
5. Better Client Relationships
Evidence-based claims reduce arguments and keep discussions professional.
How to Write the Claim: 5 Practical Steps
1. Send the Notice of Claim Within 28 Days
The period starts when the contractor became aware, or should have become aware, of the event. The notice does not need a full analysis, but it must describe the event and its date and clearly state that it is a notice of claim under the relevant sub-clause. Under FIDIC, a late notice can cost you both the time and the money.
2. Keep Contemporary Records
From the moment the event happens, record everything: daily reports, manpower and equipment, dated photos, minutes of meetings, correspondence and RFIs. These records are the backbone of the claim, and the Engineer is entitled to inspect them.
3. Analyse the Impact on the Critical Path
Not every delay deserves an extension. You must show the event delayed the critical path and the completion date. During construction, the most accepted method is Time Impact Analysis: inserting the event into the latest updated programme (for example in Primavera P6) and measuring the effect. Following a recognised approach such as the SCL Delay and Disruption Protocol adds credibility.
4. Submit the Fully Detailed Claim
Within 84 days under FIDIC 2017, or 42 days under FIDIC 1999. It should include:
- Description of the event: what happened, when, and who was responsible
- Contractual and legal basis: the clauses that give you entitlement. Under FIDIC 2017, failing to state this within the time limit can invalidate the notice
- Contemporary records that prove the facts
- Delay analysis and the number of days claimed, with supporting programmes
- Additional costs, if any, with calculations and supporting documents
5. Manage Interim Claims and the Engineer’s Response
If the event has a continuing effect, submit monthly interim claims and a final claim within 28 days after the effect ends. Track the Engineer’s response, answer requests for further particulars quickly, and preserve your right to refer the matter to dispute resolution if the claim is rejected.
Common Mistakes That Get Claims Rejected
- General correspondence instead of a clear notice of claim
- One “global claim” at the end of the project instead of event-by-event claims
- Claiming days without proving the critical path impact
- Ignoring the contractor’s own concurrent delays
- Not checking the Particular Conditions for amended time limits
Cost in Dubai & the UAE
The cost of preparing an EOT claim depends on the number of events, the condition of the programme and the quality of records. Indicative ranges:
| Claim Type | Indicative Fee | Typical Duration |
|---|---|---|
| Notices only (drafting and issuing notices) | Low fixed fee per event | Days |
| Simple EOT claim | 15,000 – 40,000 AED | 2–4 weeks |
| Medium EOT claim with costs | 40,000 – 120,000 AED | 4–8 weeks |
| Dispute / arbitration | 120,000+ AED | 2–6 months |
Full breakdown in our guide: How much does delay analysis cost in Dubai?
How the Process Works: 4 Steps
Step 1: Consultation (Days 1–3)
- Review of the contract edition, Particular Conditions and time limits
- Identification of events that qualify for EOT and those at risk of time-bar
Step 2: Planning (Week 1)
- Notices of claim drafted and issued immediately to protect deadlines
- Record collection and selection of the analysis method
Step 3: Implementation (Weeks 2–6)
- Programme update and Time Impact Analysis
- Fully detailed claim with contractual basis, evidence and costs
Step 4: Results & Follow-Up
- Responses to the Engineer and monthly interim claims
- Negotiation support until the extension is approved
Before & After: Illustrative Scenario
Before: Claims Handled by Site Letters
- Late or unclear notices
- A general claim with no programme analysis
- Delay damages deducted from payments
- Engineer rejects the claim for lack of evidence
After: A Structured EOT Process
- Notices issued on time in clear contractual language
- Time Impact Analysis linked to the critical path
- Approved extension and protection from delay damages
- A complete file backed by contemporary records
The message: Under FIDIC, a strong case with a late notice can lose. A structured process protects both your time and your money.
Why Choose MANGMARK
1. FIDIC Experience in the UAE
We work with the 1987, 1999 and 2017 editions as they are applied in Dubai and the GCC, including amended Particular Conditions.
2. Deadlines First
We start with the notices, because time is the biggest risk to your entitlement.
3. Planning and Contracts in One Team
Programme analysis and contractual drafting are combined into one consistent claim file.
4. Follow-Through to the Result
We stay with you through the Engineer’s review and negotiations, not just until the report is delivered.
Conclusion
Writing an EOT claim under FIDIC is not just a letter to the Engineer. It is a process:
- Notice within 28 days
- Contemporary records from day one
- Critical path analysis
- A fully detailed claim on time
Book your consultation today: Send a message on WhatsApp to +971 50 935 1156. We’ll review your contract and delay events, secure your notices, and build a claim the Engineer can’t ignore.
Book Now on WhatsApp
This article is for general information and is not legal advice. Always refer to your contract and its Particular Conditions.
