---
title: "Notice of delay and claim for extension of time under a construction contract"
url: "https://ailawframework.com/precedents/construction-and-infrastructure/notice-of-delay-and-eot-claim"
type: "precedent"
site: "AI Law Framework"
id: "a11-notice-of-delay-and-eot-claim"
area_id: "A11"
kind: "notice"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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.

Canonical page: https://ailawframework.com/precedents/construction-and-infrastructure/notice-of-delay-and-eot-claim  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Notice. A formal notice to serve or publish.
- Practice area: [Construction & Infrastructure](https://ailawframework.com/precedents/construction-and-infrastructure.md)
- Jurisdictions: Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 2 authorities it cites, for Australia.

## 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.

## Authorities

- [Standards Australia, AS 4000:2025 General conditions of contract (published 30 June 2025) and AS 4000-1997 cl 34 (licensed standard forms: cite clause numbers, do not reproduce)](https://www.standards.org.au/news/standards-australia-updates-as-4000-2025-general-conditions-of-contract)
- Peninsula Balmain Pty Ltd v Abigroup Contractors Pty Ltd [2002] NSWCA 211 (superintendent's power to extend time despite a contractor's failure to claim in time)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/construction-and-infrastructure/notice-of-delay-and-eot-claim and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*