A notice of delay is the critical first step in preserving your entitlement to an extension of time. Most construction contracts impose strict time limits for notification — miss the deadline and you may lose your right to claim entirely.
Under most standard form contracts (FIDIC, NEC4, JCT, AS 4000), the contractor must notify the Employer or Contract Administrator within a prescribed period of becoming aware of a delay event. This is not optional — it is a condition precedent to entitlement in many jurisdictions.
The consequences of missing a notice deadline can be severe. Under FIDIC 2017 Clause 20.2.1, failure to give timely notice is widely considered a time bar that extinguishes the contractor's entitlement entirely.
A compliant notice should identify: the delay event and when it occurred, the contractual clause under which notice is given, the anticipated impact on the programme, and a statement that a formal claim will follow. Keep it factual and concise.
Use the Contract Clause Extractor to identify the exact notification clause in your contract, then the Notice of Delay Generator to produce a compliant notice referencing that clause.
FIDIC 2017: 28 days from awareness (Clause 20.2.1). NEC4: 8 weeks (Clause 61.3). JCT: "forthwith" / as soon as reasonably practicable. AS 4000: 28 days. Always check your specific contract for amendments to standard timeframes.
The notice is just the first step. Once issued, you need to substantiate the claim with a detailed analysis of the delay, its impact on the programme, and the financial consequences. The formal claim follows the 9-section structure.