Time bar clause: claims notices in construction contracts

Sample clause

Written for a civil engineering subcontract between a main contractor and Tamar Civil Engineering, a fictional Plymouth contractor, on a flood defence scheme.

Notice of Claims. (a) If the Subcontractor considers that an event entitles it to an extension of time or additional payment, it must notify the Contractor in writing within 8 weeks after it became aware, or should reasonably have become aware, of the event. (b) The notice must describe the event, state the date it occurred or began, identify the clause under which the claim is made, and give the Subcontractor's initial estimate of its effect on time and cost. (c) Giving notice in accordance with paragraphs (a) and (b) is a condition precedent to the Subcontractor's entitlement. If notice is not given in time, the Subcontractor is not entitled to any extension of time or additional payment for the event. (d) Paragraph (c) does not apply where the event arises from an instruction of the Contractor for which the Contractor was required to notify the Subcontractor and did not.

Sample wording, not legal advice.

Variants

What to negotiate

• Clear condition precedent wording

  English courts enforce time bars only if the contract makes notice a condition precedent clearly, by stating the deadline and that failing to meet it removes the entitlement. Phrases like condition precedent or shall not be entitled do that. A clause that only requires notice, without saying what happens if it is late, is usually treated as an ordinary obligation, so late notice does not defeat the claim.

• The awareness trigger

  Time usually runs from when the contractor became aware, or should have become aware, of the event. In Obrascon Huarte Lain v Gibraltar, decided in 2014, the court applied a 28 day notice requirement under a FIDIC contract strictly but read the trigger sensibly, as running from when the contractor was aware, or should have been, that the event was causing delay. Contractors should argue for awareness of the effect, not just the event.

• The prevention principle

  An employer cannot benefit from its own act of prevention, such as late instructions, and some arguments have tried to use that principle to avoid time bars. English courts have held that a clear time bar for employer caused delay can still apply, so contractors should not rely on prevention to rescue a missed notice. The sample's paragraph (d) protects the subcontractor where the contractor itself failed to notify.

The risk of leaving it out

Without a time bar, a contractor can raise claims long after the event, when records are thin and the employer has lost the chance to mitigate. Employers lose budget certainty and face end of project claims. Contractors gain flexibility, but disputes over old events are slower and more expensive for everyone, which is why most standard forms now include some notice regime.

Notice contents checklist

A notice that protects the claim should: be in writing and sent to the address and person the contract names; identify itself as a notice under the relevant clause; describe the event and when it began; say whether it is continuing; state the entitlement claimed, time, money or both; give an initial estimate of the effect, marked as provisional; and refer to supporting records such as site diaries and instructions. A short notice sent in time is far better than a detailed one sent late, and a further update can follow. Law checked on 21 October 2026. This page explains how the clause works and is not legal advice.

Time bars in common UK forms

NEC4 Engineering and Construction Contract: the contractor must notify a compensation event within 8 weeks of becoming aware of it, or loses its entitlement to a change in the prices, completion date or key dates, unless the project manager should have notified it. FIDIC 2017 contracts: notice of a claim within 28 days of becoming aware, as a condition of entitlement. JCT design and build and standard building contracts: notice of delay is required, but a late notice does not, of itself, remove the right to an extension. The sample follows the NEC style.

Keeping records that support notices

Time bars reward contractors who notice problems early. A simple routine helps: a weekly review of instructions, site conditions and delays against the contract's notice clauses, with a register of notices sent. Programme updates showing the effect of events make it easier to give a credible initial estimate within the period.

Australia

Australian courts also enforce clear time bars, and standard forms such as AS 4000 contain notice requirements for extension of time claims. Security of payment legislation operates separately and its timeframes cannot be contracted out of. The parent extension of time clause page covers Australian drafting.

Documents that carry this clause

Subcontractor agreement template that flows the head contract downA subcontract exists to pass the head contract's obligations down one level and move the money back up on time. This one names the scope by drawing, sets the progress claim dates against the security of payment rules, holds retention and states the insurances, so the trade knows exactly when it is paid and for what.Painting contract template with a colour schedule and a coats standardMost painting disputes are really arguments about how many coats went on and what counts as preparation. This contract writes both down before the first drop sheet comes out, puts every room, colour and finish in a schedule, and leaves a touch up window open for 30 days after the furniture goes back.Roofing contract template with a materials table and a weather ruleA roof replacement is the one job where the house is open to the sky at the end of the day, so the clause that matters most is the one about closing it. This contract limits how much roof can be stripped at once, names every product with its warranty years, and says who pays when water gets in.

Questions people ask