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ARTICLE · 08 SEPTEMBER 2026

Assessing Extension Of Time Claims: Does Mace v Baltic Shed Any Light?

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When an adjudicator or tribunal reviews an extension of time award, should they assess the claim prospectively as the contract requires, or can they use hindsight to determine what actually happened? The recent TCC decision in Mace Construct Limited v Baltic Investment Holdings Limited addresses this fundamental tension in construction contract disputes, confirming that reviewers must follow the contractual methodology even when subsequent events provide clearer answers.

United KingdomLitigation, Mediation & Arbitration

The recent decision in Mace Construct Limited v Baltic Investment Holdings Limited [2026] EWHC 976 (TCC) addressed a tension that arises whenever a prospectively assessed extension of time (EOT) claim is later reviewed. The Court was concerned with a very specific issue and the decision should therefore be applied with care. However, the case reinvigorated a wider discussion about the correct basis on which to review construction contract claims, by confirming that a reviewer must assess an extension of time claim on the basis required by the contract, even if that is practically difficult.

Introduction

What approach should an adjudicator or tribunal apply when reviewing an extension of time award? The method of delay analysis can significantly influence the extent of any additional time awarded, especially on complex projects where the critical path can switch over time.

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