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Ashforte
Claims & Dispute Support — Sub-Service

EOT claims built on defensible methodology and disciplined records.

Delay analysis, causation, concurrent delay handling, and methodology selection — TIA, windows, as-planned vs as-built, impacted as-planned. Extension of time claims prepared to a standard that survives Engineer scrutiny, DAB review and, where required, expert-witness cross-examination.

What this service is

Extension of Time Claims — the discipline behind it.

An Extension of Time claim is the contractor's mechanism for recovering time — and, indirectly, cost — when project delays are attributable to the Employer, the Employer's Representative, or events for which the contractor is not responsible under the contract. Correctly prepared, an EOT protects the contractor from LDs and preserves the base for downstream prolongation and disruption claims.

The defining quality of an EOT claim is its methodology. The delay analysis method chosen — Time Impact Analysis, Windows Analysis, As-Planned vs As-Built, Impacted As-Planned, Collapsed As-Built — is not a neutral technical choice. It determines how delay is attributed, how concurrent delay is handled, and how much extension is defensible. The wrong method for the contract, the evidence base, or the delay pattern will weaken a claim that has merit on the facts.

Ashforte's EOT work is led by senior claims practitioners with delivery experience across all major methods and contract forms. Method selection is deliberate. Programme records are audited before analysis. Causation is documented. Concurrent delay is handled explicitly. The output is prepared to a defensible standard from the outset — not retrofitted to survive scrutiny later.

Delivered the Ashforte way

This service is delivered as part of Ashforte's shared senior capability model. Recurring workstreams run to standardized procedures. Senior review sits over every output. Applied consistently across one project or across your full portfolio — at materially lower cost than staffing the equivalent capability separately on each job.

When contractors bring us in

The trigger signals for extension of time claims.

Most engagements begin at one of these trigger points. If any of them match your situation, the Initial Commercial Risk Assessment is usually the fastest way to establish scope.

  • 01A delay event has occurred and the EOT position needs to be assembled before time bars close.
  • 02Multiple concurrent delay events have made causation complex.
  • 03A prior EOT submission was rejected and needs to be rebuilt.
  • 04The Employer's Representative has issued a determination denying entitlement.
  • 05The project is approaching close-out and cumulative EOT position needs consolidation.
  • 06A DAB, DAAB or arbitration is anticipated and the EOT record must be expert-witness-ready.
Scope of work

What's actually delivered.

The scope below is illustrative — every engagement is shaped around the contractor's specific project, contract form and commercial exposure. Any element can be scoped standalone or bundled with adjacent workstreams.

01

Programme audit

  • Baseline programme review
  • As-built programme reconstruction
  • Critical path integrity check
  • Float management review
  • Programme narrative maintenance
02

Method selection

  • TIA / Windows / As-Planned vs As-Built assessment
  • Method suitability against contract form
  • Method suitability against evidence base
  • Concurrent delay methodology
  • Method justification narrative
03

Delay analysis

  • Event impact modelling
  • Critical path impact assessment
  • Concurrency identification and treatment
  • Cause-and-effect narrative
  • Delay attribution
04

Submission

  • Notice discipline
  • Particulars drafting
  • Cost impact substantiation
  • Supporting evidence pack
  • Expert-witness-ready structure
Typical outputs

Documented. Defensible. Delivered.

Every engagement produces a defined set of tangible outputs. The client keeps everything — records, templates, dashboards, procedures. Ashforte's role is to build the discipline; the client's role is to run it.

  • 01
    Delay analysis report with method justification.
  • 02
    As-built programme reconstruction.
  • 03
    Cause-and-effect narrative per delay event.
  • 04
    Concurrent delay treatment with contractual and technical basis.
  • 05
    Full particulars submission compliant with the contract form.
  • 06
    Supporting evidence pack — instructions, correspondence, site records.
  • 07
    Reservation-of-rights and time-related-cost linkage.
  • 08
    Expert-witness-ready structure for downstream dispute escalation.
Engagement

Scoped for the situation. Sized for contractor economics.

EOT claims are typically delivered as Fixed-Fee Claim Packages — one claim, one senior lead, one deliverable, one fee. For contractors running Portfolio Retainers with Ashforte, EOT preparation is included in the retainer scope up to defined thresholds. For contractors facing large or complex disputes, project-embedded senior claims support is often the right structure.

FAQ

Common questions.

Which delay analysis method do you prefer?

None in the abstract. The right method depends on the contract form (SCL Delay & Disruption Protocol, contract-specified methodology, jurisdiction), the evidence base (contemporaneous programme records, as-built data quality), the delay pattern (single event, sequential, concurrent), and the purpose of the analysis (submission, defence, expert witness). Method selection is a deliberate senior decision made at the start of each engagement.

How do you handle concurrent delay?

Explicitly, with contractual and technical basis stated. Concurrent delay treatment varies by jurisdiction, contract form and case law — English position (Malmaison, Walter Lilly), Scottish position (City Inn), US position (Wickwire), civil law positions. We identify the operative approach, document our reasoning, and apply it transparently rather than trying to obscure it.

What if the programme records are incomplete?

Then that's the first thing we address, honestly. Incomplete programme records limit what any analysis can substantiate. We tell the client where the record base is strong and where it's weak, propose realistic recovery position given the evidence, and — where records permit — reconstruct as-built programme from surrounding evidence. We do not invent records.

Next step

Discuss extension of time claims for your project.

Every engagement starts with a scoping conversation. Reach out with the specifics of your situation — live project, contract form, current pressure — and we'll set up the right first step.

Start the conversation