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Extension of time notice template — serve it the day the delay starts

Every time bar we've been able to identify across the real subcontracts we analyse is drafted as absolute: miss the window and the entitlement is extinguished, regardless of who caused the delay. This notice is deliberately front-loaded - serve it the day the delay starts with the details you have, and let the particulars follow. A short imperfect notice inside the window beats a perfect one outside it.

When to use it

Anything delays the works - late access, late information, other trades, builder's design changes, weather, latent conditions
You are even unsure whether it will delay completion - serve it anyway and let events decide
A variation adds work that will take time, not just money

NOTICE OF DELAY AND CLAIM FOR EXTENSION OF TIME

Contract: [subcontract title / number]
Project: [project name]
Date: [date]
To: [head contractor], Attention: [contract administrator]

1. Notice is given under clause [X] of the subcontract of a delay to the works.

2. Cause of delay: [describe - e.g. access to level 3 not available from [date] as programmed / late issue of construction drawings for [area] / directed variation no. [X]]. The cause is not attributable to [subcontractor company].

3. The delay commenced on [date]. [Subcontractor company] first became aware of the delay on [date].

4. Activities affected: [activities / areas / trades affected].

5. Extension claimed: [X] calendar days, or such further period as the delay continues. Further particulars, including program evidence, will be provided [within the contract timeframe / as they become available].

6. Delay costs: [costs are being incurred and will be claimed separately / no claim at this stage - rights reserved].

7. [Subcontractor company] reserves its rights under the subcontract and at law.

Signed: [name, position]
[company]

Free to use and adapt. Replace every [bracketed placeholder] before sending.

Template, not legal advice. Your contract's clauses and your state's Act govern - check both (especially clause numbers, notice periods and service requirements) before this goes out on a real dispute.

Using it well

Serve first, perfect later

The clause kills late claims, not thin ones. Most contracts let you supplement particulars after a compliant initial notice - almost none forgive a notice served after the window.

When the delay continues, notice again

For a continuing delay, follow up at intervals ('the delay notified on [date] is continuing') - some contracts require rolling notices, and the record strengthens your program evidence either way.

Watch the trigger wording

Windows can run from when the delay STARTS or from when you become AWARE of it - and some run from when you ought reasonably to have been aware. If in doubt, treat the earliest date as the trigger.

The template protects the claim. The contract decides it.

Your notice windows, the clause numbers and whether the bar is absolute all live in your subcontract. The free scanner reads them in about 90 seconds — benchmarked against real Australian subcontracts.

Scan my contract free

Common questions

How long do I have to serve an EOT notice?

Whatever your contract says - and the windows are short. Across the contracts we've analysed, notice windows run as short as a few business days, and every identifiable time bar is drafted as absolute. Find your clause, write the number of days on the wall, and serve inside it.

Should I serve notice if the builder caused the delay and everyone knows it?

Especially then. Under an absolute time bar it does not matter who caused the delay - a late notice extinguishes the claim, and the liquidated damages clock can run against you for someone else's delay. Site conversations are not notice.

What if I'm not sure the delay will affect completion?

Serve the notice anyway and say the effect is being assessed. A notice for a delay that evaporates costs nothing; a missed notice for a delay that runs costs the entitlement.

Keep reading

General information and a starting-point template, not legal advice. Contracts and state Acts differ and change — verify clause numbers, statutory sections, notice periods and service requirements before use, and get advice on a live dispute. Nothing on this page is uploaded or stored. Built by Mat Kennedy at The Construction Contracts Co.