FIDIC reference
Sub-Clause 8.5 — Extension of Time
The Contractor’s entitlement to extend the Time for Completion for listed causes of delay.
Applies in: Red BookYellow BookSilver Book
Sub-Clause 8.5 entitles the Contractor to an Extension of Time (EOT) where completion is delayed by listed causes: Variations, exceptionally adverse climatic conditions, delays caused by the Employer/Engineer, and others. EOT runs through the claims procedure in Sub-Clause 20.2 and must be supported by a critical-path delay analysis.
Key points
- EOT only for the closed list of causes in 8.5.
- Claimed via the 20.2 claims procedure (mind the notice).
- Requires a critical-path delay analysis.
- EOT protects against delay damages under 8.8 for that period.
How this works in practice
An EOT claim is almost never refused on the basis that no delay occurred. It is refused because the Contractor has not shown the effect on the critical path. If the programme was never accepted by the Engineer, is not updated, or carries no logic links, there is nothing to demonstrate a shift in completion — only a contest over whose spreadsheet looks more plausible. That is why discipline under Sub-Clause 8.3 decides the fate of 8.5 claims. A separate trap is concurrency: an Employer event and the Contractor’s own slippage in the same window usually yield time but not money.
Common traps
- A programme with no baseline and no acceptance by the Engineer leaves the delay analysis with nothing to sit on.
- The analysis method is chosen retrospectively to produce the desired answer; pick the method and record it before the dispute starts.
- Particular Conditions introduce a sole-cause requirement, which in effect removes any concurrent event from consideration.
Versions: 1999 → 2017 → 2022
- 1999
EOT was governed by Sub-Clause 8.4 with a similar list of causes.
- 2017
Renumbered to 8.5 and tightly linked to the unified 20.2 claims procedure.
- 2022
The 2022 reprint made no substantive change to EOT.
Clause FAQ
Which FIDIC books use Sub-Clause 8.5?
The clause applies in Red Book, Yellow Book, Silver Book. Particular Conditions may change the standard risk allocation, so always check the project contract.
Does an EOT automatically carry entitlement to money?
No. Time and money are separate entitlements with separate tests. An EOT removes exposure to delay damages, but prolongation costs need their own substantiation: which resources stood idle, over what period and on whose account. Some FIDIC events give time only — concurrency being the classic case.
What if the Engineer does not respond to an EOT claim?
The Engineer’s silence does not relieve the Contractor of running the procedure. Keep filing interim substantiation, updating the programme and keeping records. Once the periods for a determination under Sub-Clause 3.7 have run, the matter moves up to the DAAB. Do not stop documenting before that point: the accumulated records are exactly what the evidential case will rest on.
Glossary terms
Related clauses
Need a review of a specific contract?
Particular Conditions can change this clause. Send the document — we will check the wording and risks.
Reference material, not legal advice. Always check your contract and the Particular Conditions.