Extension of Time Claim and Notice of Delay Template

A notice of delay tells the builder that something is holding up your work; an extension of time claim asks for more time to finish it. This template covers both: the cause, the work affected, the days claimed and the evidence attached. Your subcontract sets the time limit and form, so check it first.

TradeControl provides commercial support tools only. It does not provide legal advice.

Filled example of the extension of time claim template, page 1

Notice of delay or extension of time claim?

A notice of delay is the early warning: something outside your control is holding up your work, and the builder or head contractor needs to know now. An extension of time claim comes once you can say how many days the delay has cost, and asks for that time to be added to your completion date.

Many subcontracts ask for both, in that order, each within its own time limit. Tick the box at the top of the template to say which one you are sending; tick “Both” when the delay is over and you can give notice and claim the days together.

How to fill it in

Address it. Your company and ABN, a reference number, the builder or head contractor, the date, the project, the subcontract reference, who it is for, and the subcontract clauses you rely on.
Say what it is. Notice of delay, claim for an extension of time, or both.
The delay. When it started (or is expected to), whether it is still going, when it ended, and the area or activity affected.
Cause and effect. What caused the delay and why it is not one you caused; then which of your activities are held up, the programme dates affected and what you did to reduce the delay.
Days claimed. The working days claimed and the period they cover.
Evidence, then sign and send. List what you attach, sign it, send it the way your subcontract requires, and keep a copy with the date it went.

Time limits in your subcontract

Delay notices and extension of time claims are governed by your subcontract. Most subcontracts set a time limit, counted from when you became aware of the delay, and some set a form and the content a notice must include. Some say that a notice or claim given late is lost. Read the delay and extension of time clauses before the work is held up for long, and diary the date the notice is due.

Australian terminology

Extension of time (EOT). Extra time added to the date for completion of your work.
Notice of delay. Written notice that a delay has started or is expected, and its cause.
Qualifying cause of delay. A cause the subcontract says can entitle you to an extension.
Time bar. A clause that limits or removes a claim if notice is not given within a set time.
Critical path. The chain of activities that sets the completion date; a delay to one of them moves completion.

What makes it hold up if it is disputed

An extension of time claim is assessed against the record. The claims that hold up are the ones where every day claimed can be matched to a diary entry, an issue logged at the time with photos, and the instruction or event that caused it. Say what you did to reduce the delay, keep the cause separate from any delay of your own, and send the notice when the delay starts rather than at the end of the job.

Where TradeControl fits

TradeControl's Log an Issue records each delay from the field as it happens, with photos and the time, and Site Forms covers the daily site report. When you write the notice or the claim, the record behind it is already dated.

Frequently asked questions

What is the difference between a notice of delay and an extension of time claim?

A notice of delay tells the builder or head contractor that a delay has started, or is about to, and what is causing it. An extension of time claim asks for a set number of extra days to finish your work, with the reasons and evidence. Many subcontracts require the notice first and the claim later; this template can be used for either, or both at once.

How long do I have to give a notice of delay?

Your subcontract sets the time limit, usually counted from when you became aware of the delay, and it may also set a form and required content. Check the delay and extension of time clauses before the work is held up for long, because some subcontracts say a late notice or claim is lost.

What evidence should I attach to an extension of time claim?

Records made at the time: site diary entries for each affected day, issue records with photos and the time they were logged, the instruction or event that caused the delay, correspondence, and an extract of the programme showing the activities affected.

Does an extension of time also get me paid for the delay?

Not on its own. An extension of time gives you more time. Whether you can recover the cost of a delay depends on your subcontract, and costs are usually claimed under a separate delay cost or variation clause.

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