Notice · Construction & Infrastructure

Notice of delay and claim for extension of time under a construction contract

Contractor's notice of delay and extension of time claim, structured to meet typical standard-form requirements: the qualifying cause, critical delay, days claimed, supporting analysis and reservation of rights.

Kind
Notice. A formal notice to serve or publish.
Where it applies
Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 2 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Use as soon as the contractor becomes aware of a delay or likely delay to practical completion, and again for the formal claim, under an Australian standard-form or bespoke construction contract. Follow the contract's notice clause exactly; this precedent does not replace it.

How AI may be used

AI may draft the notice and claim from the programme, site diaries and correspondence; the lawyer checks the contractual notice requirements, time bars and the delay analysis before service.

AI may

  • Build a chronology of the delay event from site diaries, RFIs, directions and correspondence, with references.
  • Extract every notice requirement, time bar and form requirement from the contract into a table.
  • Draft the notice and claim in the contract's required structure for the lawyer to check.

AI must not

  • Must not prepare or adjust the critical path delay analysis presented as expert evidence.
  • Must not decide whether a time bar has been missed or whether the prevention principle applies.
  • Must not serve the notice.

The lawyer checks

  • The notice is given to the right person, by the right method, within the contractual period.
  • Every precondition in the EOT clause is addressed (qualifying cause, actual delay to practical completion, notice content).
  • The days claimed are supported by a programme analysis the contractor can stand behind.
  • Delay costs and other entitlements are claimed or reserved as the contract requires.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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