Extension of Time (EOT) Terms and Definitions

Thank you for providing the Extension of Time (EOT) Terms and Definitions. Here they are:

1. Act of God: A natural occurrence caused directly and exclusively by natural forces without any human interference, which could not have been reasonably foreseen or prevented by the contractor or any other party to the contract.
2. Adjusted As-Built: A traditional schedule impact analysis technique that uses a one-time, after-the-fact insertion of the owner and excusable delays into the as-built schedule to quantify the global impact.
3. Adjusted As-Planned: A traditional schedule impact analysis technique in which delays are included in the original CPM without regard to actual progress or historical work activity data, to quantify global impact.
4. As-Built Schedule: An accurate historical representation of the actual sequence of construction and how it was completed.
5. Baseline (As-Planned) Schedule: The target construction schedule based on the contractor’s original understanding of the project and used as the standard by which progress is measured.
6. Cardinal Change: A change (either directed or constructive) to the contract that, because of the size or nature of the changed work, is clearly beyond the general scope of the contract.
7. Change: When a contractor takes on any type of work that deviates from the original contract or from the scope of work or plan of action reasonably anticipated under the contract.
8. Collapsed As-Built (But-for): A schedule impact analysis technique that assigns responsibility for each party by removing all sources of each delay (owner, excusable, contractor) to quantify the global impact.
9. Concurrent Delays: Independent sources of delay that occur at the same time and/or on separate parallel paths of a CPM network.
10. Constructive Change: A change that is not acknowledged by the owner as such when it occurs, but which nonetheless is a change.
11. Contemporaneous Technique: A schedule impact analysis technique applied at the time of the potential schedule impact.
12. Contractor Responsible Delay (CRD): A delay attributable to the contractor’s actions or inactions.
13. Convenience Termination: Contract clause permitting the owner to terminate the contract at the convenience of the owner, based on specific needs of the owner.
14. Default Termination: Contract clause permitting the owner to terminate the contract when the contractor is not meeting the contract requirements.
15. Delay: The lack of performance or the extension of time required to complete a project that results from unexpected events; may be caused by the contractor, the owner, third parties, or by unanticipated natural or artificial site conditions.
16. Differing Site Condition: A material, significant difference between the conditions represented in the contract and those encountered on-site.
17. Directed Change: A directed written modification to the contract that orders the contractor to make specific changes to the work required by the project plans and specifications.
18. Disruption: The lost productivity resulting from interruptions in the planned sequence of operations.
19. Excusable Delay (ED): A delay not attributable to either the contractor or owner, as used in the schedule impact analysis techniques.
20. Excusable, Compensable Delay: A delay that justifies an extension of contract performance time, as well as award delay damages; a delay at fault of the owner.
21. Excusable, Non-Compensable Delay: A delay not attributable to the contractor or owner that justifies an extension of contract performance time but no monetary compensation.
22. Force Majeure: Unforeseen events with causes beyond the contractor’s control, for which the contractor is deemed excusable in their failure to perform within the required time limits.
23. Global Impact: A schedule impact analysis technique plotting all delays on an as-built bar chart, equating the total delay to the total of the durations of all delaying events.
24. Impacted Updated (Veterans Administration): A schedule impact analysis technique applied retrospectively or simultaneously, inserting delays into an updated as-planned schedule to quantify impact; separate calculations for each alleged delay-causing event are not required.
25. Modification Impact Analysis (U.S. Army Corps of Engineers): A simultaneous schedule impact analysis technique determining the actual status of the job at modification, updating the schedule, and quantifying the singular impact.
26. Net Impact: A schedule impact analysis technique justifying a time extension by showing all delaying events on an as-built bar chart, claiming total project delay as the claim for time extension.
27. Non-Excusable, Compensable Delay: A situation where an owner and contractor are concurrently delaying the project, and monetary compensation for the owner’s delay can be properly distributed.
28. Non-Excusable, Non-Compensable Delay: A delay caused by the contractor’s actions and/or inactions that denies the contractor claims for time extensions or compensation; the contractor may also be held liable for liquidated damages.
29. Owner Responsible Delay (ORD): A delay attributable to the owner’s actions or inactions.
30. Retrospective Technique: A backward-looking schedule impact analysis technique applied upon project completion.
31. Schedule Impact: The potential effect of a delay or change on a project schedule; may be in the form of a delay or change in project completion date, delay or change in project sequence, or consumption of float.
32. Schedule Impact Analysis (SIA): The process of quantifying and apportioning the effect of delay or change on the project schedule.
33. Schedule of Record (SOR): The current accepted construction schedule, recently updated or revised, reflects the actual progression of the work and resulting changes to the work plan.
34. Suspension: A written directive by the owner to stop all work on the project, either because the contractor has failed to perform by contract documents or at the owner’s convenience.
35. Time Impact Analysis: Similar to the Modification Impact Analysis, a schedule impact analysis technique recreating the actual status of the job at modification, updating the schedule, inserting delays, and quantifying singular impact; although retrospective, it has a simultaneous orientation.
36. Type I Differing Site Condition: A contract misrepresentation; a physical condition encountered on-site that differs materially from that represented in the contract documents.
37. Type II Differing Site Condition: An unknown physical condition encountered that is not represented in the contract and is not normally expected in the type of construction work performed.

These terms and definitions are crucial for understanding delay analysis and the Extension of Time (EOT) process in construction projects.