Notice of delay and claim for extension of time, Ironbark Builders
Notice of delay letter claiming an extension of time
A notice of delay puts the cause, the effect and the days claimed in writing inside the contract's notice window, because a late notice can lose the claim. This one page letter from a builder to a school's superintendent claims nine working days for rock found at footing depth, five business days after it was found.
The document, page by page
Every page as it renders and as it prints, with nothing summarised. Read the wording before you reuse it.
Section by section
What each section is for, so you can keep the ones you need and drop the rest.
- Masthead letterhead
- The builder's name, address and projects email.
- Addressee
- The superintendent, the principal and the contract reference.
- Clause and timing
- Clause 34.2, its 5 business day window and the date of awareness.
- Claim rows
- Cause, effect, extension claimed and revised completion.
- Critical path
- Why the footings delay completion by the full 9 working days.
- Supporting documents
- Geotechnical addendum, site diary with photographs and the updated programme.
- Costs reserved
- Time claimed now, costs to follow under clause 36.
- Signature block
- The project manager's name and title.
Time bars, and why the date matters
Standard form construction contracts, such as those published by Standards Australia and the Joint Contracts Tribunal, make extensions of time depend on notice. The purpose is fair: the principal needs early warning so it can change the design, instruct acceleration or plan around the delay. The effect can be harsh, because a contractor that notices late may lose the extension and then face liquidated damages for the same days. The only safe habit is to diarise the window as soon as a problem appears and to send a short notice inside it, even before the full effect is known.
Delay causes, sorted
Delays fall into four groups. Excusable and compensable delays, such as principal caused delay and many latent conditions, earn both time and money. Excusable but not compensable delays, such as exceptional weather, usually earn time only. Non excusable delays, caused by the contractor or its subcontractors, earn neither. Concurrent delays, where two causes overlap, are treated differently from contract to contract. A notice that names its group in the contract's own words, as this one does by calling the rock a cause not shown in the site investigation, is easier to assess and harder to reject.
How to adapt this document
Start with your contract: find the notice clause, its window and whether it wants a notice and a separate claim. Then replace the cause and date with your own, keeping both factual. If you cannot yet measure the delay, write an estimate and say a detailed claim will follow by a date. List evidence that exists now, such as diary entries and photographs, rather than promising reports. Keep the costs reservation even if you expect no cost claim, and send the notice by the method the contract specifies, which may be registered post or a contract management platform.
What makes this document work
Timeliness is shown, not asserted
The first paragraph quotes clause 34.2's window of 5 business days and the date the builder became aware, Tuesday 15 September. The letter is dated Monday 21 September, the fifth business day, so anyone checking can confirm the notice was in time.
Cause, effect and days in one block
Rows give the cause, the knock on effect, the 9 working days claimed and the revised completion of 12 February 2027 against 1 February. The superintendent can assess the claim from one glance and the critical path paragraph explains why no float absorbs it.
Costs are reserved, not waived
The last line says the notice claims time only and that costs will follow under clause 36. Without it, a builder can be taken to have accepted time with no money, which is often the more valuable part of a latent condition claim.
Questions people ask
When should a notice of delay be sent?
Within the period the contract sets, counted from when the contractor became aware, or should have become aware, of the cause. Many standard forms use a short window of a few business days for the first notice and a longer one for the detailed claim. If in doubt, send a short notice immediately and follow with the detail; a late notice is the most common reason claims fail.
What should a delay notice include?
The clause it is given under, the cause, the date the contractor became aware of it, the activities affected and whether they are on the critical path, the extension claimed or an estimate, the supporting documents, and a statement reserving costs. Keep the facts objective and dated. Opinions about blame belong in later correspondence, if at all.
What happens if I miss the notice deadline?
Under many contracts a notice given out of time bars the claim, which can leave the contractor paying liquidated damages for delay it did not cause. Some forms and some courts soften this, for example where the principal caused the delay or waived the requirement, but relying on that is risky. Send the notice late rather than not at all, and get advice.
Is a notice of delay the same as an extension of time claim?
Not always. Some contracts require a notice of delay first and a separate, detailed claim for an extension of time later; others combine them. This letter does both because the delay is already measured. Read your contract's clause carefully, because missing either step can be fatal even if the other was done well.
What counts as a qualifying cause of delay?
The contract lists them. Common examples are variations, latent conditions such as unexpected rock, acts or omissions of the principal, and extreme weather beyond a stated allowance. Delays the contractor controls, such as a late subcontractor or its own equipment failure, normally do not qualify. The cause should be named in the contract's own words in the notice.
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