What happens if we miss the contractual deadline for issuing a delay notice?

Under some contracts, including JCT, timely notification is treated as a condition precedent - a late notice can extinguish the right to claim an extension of time. Under NEC contracts, both parties have early warning obligations and late notification can reduce the compensation event value. In every case, serve notice as soon as the delay event becomes apparent and document the date you served it.

Can we claim loss and expense at the same time as an extension of time?

Not automatically. An extension of time adjusts the completion date but does not recover additional costs. A separate loss and expense claim is needed to recover the financial impact of employer-caused delays. Some events qualify for both; neutral events such as exceptionally adverse weather may entitle the contractor to more time without additional money. Check the contract conditions that apply to the specific delay event.

What is the difference between a JCT relevant event and a NEC compensation event?

Under JCT contracts, specific delay events listed as relevant events in the contract entitle the contractor to an extension of time. Under NEC contracts, the same concept is handled as compensation events - events not at the contractor's risk that entitle them to time and potentially money. NEC compensation events must be notified within 8 weeks of becoming aware; JCT relevant events must be notified as soon as it becomes reasonably apparent.

Operations

Construction - managing a programme delay

7 steps. Notice served. Claim protected.

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Published 1 July 2026

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Step by step

Identify the Delay EventJobs
Recognize and categorize the delay - neutral event, client-caused, or concurrent - and log it against the job record with the date first identified.
Issue Written Delay NoticeeForms
Serve formal written notice to the contract administrator within the contract timescales, identifying the relevant event and its likely impact on the programme.
Gather Contemporaneous EvidenceeForms App
Collect site diaries, weather records, photographs, correspondence, and variation instructions that demonstrate cause, timing, and impact.
Update the ProgrammeProject Tracking
Revise the project programme to show the impact of the delay event on the critical path and the revised projected completion date.
Submit Extension of Time ClaimContracts
Submit the formal EOT claim with programme analysis and supporting evidence, quantifying the extension sought under the relevant contract provisions.
Respond to AssessmentMentions
Engage with the contract administrator's review, provide any further information requested, and negotiate the agreed extension if challenged.
Confirm Revised Completion DateInvoices
Confirm the revised completion date in writing, update sub-contractor programmes, and progress any related loss and expense claim for additional costs.

What this workflow solves

We issued a verbal delay notice on site but never followed it up in writing, and the client is now threatening liquidated damages for a period we should have had an extension for.
Our delay records are scattered across site diaries, emails, and a shared drive nobody keeps current - compiling an extension of time submission takes weeks and still feels incomplete.
We lost an EOT claim because we could not prove the delay event was on the critical path - our programme had not been updated for two months when we needed to use it.

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Construction - managing a programme delay

Step by step

What this workflow solves

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