Delay claims are among the most common — and most frequently rejected — claims in GCC construction projects. The difference between a successful claim and a failed one rarely comes down to whether the delay actually occurred. It comes down to how the claim was prepared, documented, and presented.
This guide walks through the complete process of preparing a delay claim under FIDIC 2017, from the initial event through to final submission. Whether you are a contractor, subcontractor, or project manager, these steps apply to any project governed by FIDIC conditions.
Step 1: Identify the delay event
A delay claim begins with a specific event that was not the contractor's responsibility and that impacted the project schedule. Common delay events in GCC projects include late access to site, design changes or late design approvals, variations instructed after work commenced, unforeseen ground conditions, and force majeure events such as extreme weather or government restrictions.
The critical requirement is causation: you must be able to draw a clear line between the event and the delay to the project completion date. An event that disrupted work but did not affect the critical path will not support an extension of time claim — though it may support a disruption or productivity loss claim.
Step 2: Issue timely notice under Clause 20.2.1
Under FIDIC 2017, the 28-day notice requirement is an explicit condition precedent. You must issue a formal written notice within 28 days of becoming aware — or when you should have become aware — of the event giving rise to the claim. This is not optional. Missing this deadline means losing your entitlement entirely, regardless of how legitimate the underlying claim may be.
Your notice should clearly state that it is a notice under Sub-Clause 20.2.1, describe the event, and indicate that you intend to claim an extension of time and/or additional cost. Keep it factual and concise — the detailed substantiation comes later.
Step 3: Maintain contemporary records
Clause 20.2.3 requires the contractor to keep contemporary records to substantiate the claim. This means records created at or near the time the events occurred — not reconstructed months later. Essential records include daily site diaries recording the event and its effects, progress photographs with dates, resource allocation records showing idle or redirected labor and equipment, correspondence with the Engineer and employer, and meeting minutes referencing the delay event.
The Engineer has the right to inspect these records under FIDIC 2017. Organize them systematically from the start — a well-maintained record system is the foundation of a credible claim.
Step 4: Perform the delay analysis
The delay analysis is the technical core of your claim. It must demonstrate, using recognized methodologies, that the delay event impacted the critical path and pushed the project completion date beyond the contractual deadline. The most commonly accepted methods in the GCC are Time Impact Analysis (TIA), which models the delay event by inserting it into the contemporaneous schedule at the point it occurred; Windows Analysis, which divides the project into time periods and analyzes delay in each window; and Collapsed As-Built, which removes the delay event from the as-built schedule to show what would have happened without it.
The choice of method depends on the quality and availability of schedule records, the nature of the delay events, and the contract requirements. Whichever method you use, it must be performed in accordance with the SCL Delay and Disruption Protocol and AACE Recommended Practices.
Step 5: Establish contractual entitlement
Your claim narrative must link the delay event to a specific contractual provision. Under FIDIC 2017, the most common bases for delay claims include Clause 8.5 (extension of time for delays caused by the employer, variations, unforeseen conditions, or other specified events), Clause 13.3 (variations), Clause 4.12 (unforeseen physical conditions), and Clause 8.10 (employer's risks).
For each delay event, identify the applicable clause, explain why the event falls within its scope, and demonstrate that you complied with all procedural requirements including notice, contemporary records, and the Engineer's instructions.
Step 6: Quantify the time impact
Your delay analysis should produce a clear number: the extension of time (in calendar days) that the delay event caused. This must be tied to the critical path — delays to non-critical activities do not entitle you to an extension of time unless they consumed all available float and became critical.
Present the results clearly with schedule comparisons, critical path analysis, and a summary table showing each delay event, its duration, its impact on the critical path, and the resulting EOT entitlement. Visual aids such as Gantt chart comparisons and float analysis charts strengthen the presentation significantly.
Step 7: Prepare the claim document
A well-structured claim document typically contains an executive summary stating the total EOT claimed and the basis, a chronological narrative of events, the contractual basis for each claim, the delay analysis methodology and results, supporting appendices including schedules, correspondence, photographs, and daily records, and a summary table cross-referencing events to contractual clauses and EOT entitlement.
Write clearly and objectively. Avoid emotional language or blame — the strongest claims are those that let the evidence speak for itself. Every statement of fact should be supported by a referenced document in the appendices.
Step 8: Submit and follow up
Submit the fully detailed claim within the timeframe required by the contract. Under FIDIC 2017 Clause 20.2.4, the fully detailed claim must be submitted within 84 days of the date on which the contractor became aware of the event — unless the Engineer agrees to an extension of this period. After submission, engage constructively with the Engineer's review process under Clause 3.7, respond promptly to requests for additional information, and maintain your contemporary records for any ongoing delay events.
Common mistakes to avoid
Late or missing notice under Clause 20.2.1 — this is the single most common reason delay claims fail. Using a delay analysis method that does not match the available records — if you do not have reliable baseline and updated schedules, a TIA analysis will not be credible. Claiming delays to non-critical activities without demonstrating critical path impact. Submitting a claim without adequate supporting documentation. Mixing delay and disruption in a single analysis without clearly separating the two.
Related services: Claimetrica provides expert delay analysis, quantum claims assessment, and FIDIC contract advisory across the GCC. Request a free consultation →