Which notices in a construction contract are time bars?
A time bar is a clause that removes a claim when its notice or claim is late. Of the 49 duties the library holds across 10 published Australian contract forms, 15 bar the claim outright and 7 stop the costs being recovered. Of the rest: 2 reduced for each day late, 3 damages only, 18 a breach of contract and 4 no penalty stated.
Read top to bottom, worst first. Each line is one duty: the form, the duty, its window and the clause. The consequence is the library's reading of the clause, not a court's.
The claim is barred (15)
- AS 2124-1992 cl 35.5Claim an extension of time within 28 days of the delay starting (28 days)
- AS 2124-1992 cl 46.1Give written notice of a claim within 28 days (28 days)
- AS 4000-1997 cl 34.2, 34.3, 34.5Claim an extension of time within 28 days of the delay starting (28 days)
- AS 4902-2000 cl 34.2, 34.3, 34.5Claim an extension of time within 28 days of when the delay's cause should reasonably have been known (28 days)
- AS 4902-2000 cl 37.4Give the Final Payment Claim within 28 days after the last defects liability period expires (28 days)
- GC21 Ed 2 (ACT) cll 33.3, 61, 67.1 (read in ACT v1.8)Lodge the final claim within 91 days of practical completion (91 days)
- GC21 Ed 2 (NSW) cl 61.1Submit the Final Payment Claim, with every unpaid Claim, within 13 weeks after Completion (91 days)
- GC21 Ed 2 (NSW) cl 49.1, 49.4Notify a change in Statutory Requirements that changes the work within 7 days of becoming aware of it (7 days)
- GC21 Ed 2 (NSW) cl 48.7Notify an unordered variation within 7 days (7 days)
- TfNSW C41 cl 5.4.2Give RMS written notice of a delay, with its details, causes and the extra time claimed, within 28 days of the start of the delay (28 days)
- TfNSW C41 cl 9.2Write to the RMS Representative, before complying where possible and within 7 days of the direction, setting out why a direction that is not stated to be a variation direction is one (7 days)
- TMR TIC cl 35.5(c), (h), (l)Claim an extension of time within 20 business days of the delay starting (20 business days)
- TMR TIC cl 35.5(a)Notify a possible delay within 10 business days (10 business days)
- TMR TIC cl 33.1(f), (g)Confirm a verbal direction in writing within 10 business days (10 business days)
- Main Roads WA Minor Works GCC 9.6Claim an extension of time within 14 days of the delay starting (14 days)
The costs cannot be recovered (7)
- AS 2124-1992 cl 12.2, 12.4Notify a latent condition as soon as it is found
- AS 4000-1997 cl 25.2, 25.3Notify a latent condition as soon as it is found
- AS 4902-2000 cl 25.2, 25.3Notify a latent condition promptly, and before disturbing it where possible
- GC21 Ed 2 (NSW) cl 37.3, 37.8Notify a latent condition as soon as it is found (7 days)
- TMR TIC cl 12.2, 12.4Notify a latent condition as soon as it is found (1 business day)
- TMR TIC cl 46.1Give the prescribed notice for a variation claim within 20 business days (20 business days)
- Main Roads WA Major Works SCC 10 (replaces cl 12)Notify a latent condition as soon as it is found (28 days)
Reduced for each day late (2)
- GC21 Ed 2 (NSW) cl 50.1, 50.9Notify a delay within 7 days (7 days)
- GC21 Ed 2 (NSW) cl 50.3Claim an extension of time within 28 days of the delay starting (28 days)
Damages only (3)
- AS 4000-1997 cl 41.1-41.3Claim a variation in writing within 28 days of the direction (28 days)
- AS 4902-2000 cl 41.1-41.3Notify a claim as soon as practicable and give its particulars within 28 days of the notice (28 days)
- GC21 Ed 2 (NSW) cl 68.1-68.3Claim a variation in writing within 28 days of the direction (28 days)
A breach of contract (18)
- GC21 Ed 2 (ACT) ACT v1.8 special conditionsReport RFIs and change events in the monthly report (5 days)
- GC21 Ed 2 (ACT) ACT v1.8 special conditionsReport RFIs and change events in the monthly report (5 days)
- GC21 Ed 2 (NSW) cl 22.1Submit the Contract Program within 14 days after the Date of Contract (14 days)
- GC21 Ed 2 (NSW) cl 22.3Update the programme within 1 months (1 month)
- TfNSW C2-GC21 cl 28.3, 28.4, Schedule 17Prove to TfNSW that subcontractors and suppliers were paid within 5 business days of receiving each payment (5 business days)
- TfNSW C2-GC21 cl 28.4, Schedule 17Pay the subcontractors and suppliers listed in each claim within 3 business days of receiving payment (3 business days)
- TfNSW C41 cl 5.3Notify RMS in writing, promptly, of anything that may delay the progress of the Contracted Work, with details of the possible delay and its cause
- TfNSW C41 cl 5.2Perform the Contracted Work to the program submitted to RMS and notify RMS of every change to it
- TfNSW C41 cl 23.1.1, 23.1.2Submit each month's Payment Claim on the Payment Claim Day the Contract Schedule names, lodged electronically at the Contract Schedule address (1 month)
- TfNSW C41 cl 4.6.3Submit with every Payment Claim a summary of product quality records showing each lot or component of the Contracted Work conforms with the Contract (1 month)
- TfNSW C41 cl 4.6.4Retain quality records for at least 5 years after the end of the last warranty period, and give RMS access to them or deliver them on request (5 years)
- TfNSW C41 cl 20, 3.1Lodge the security the Contract Schedule requires, in cash or an unconditional undertaking in the Schedule 1 form, within 14 days of the date of RMS's letter accepting the tender (14 days)
- TfNSW C41 cl 3.2Satisfy the cl 3.1 conditions and start the Contracted Work within 14 days of the date of the Letter of Award, unless otherwise advised (14 days)
- TfNSW C41 cl 3.1.2, 19.1.3Before starting, give RMS certificates of currency for the insurances you must hold, and the details the RMS Insurer needs for Principal Arranged Insurance
- TfNSW C41 cl 29Respond to a show cause notice within 14 days, showing cause to RMS's satisfaction why the Contract should not be terminated (14 days)
- TMR TIC cl 33.2.1, 33.2.2Submit the daily report within 1 business days (1 business day)
- TMR TIC cl 33.4.9Update the programme within 1 months (1 month)
- Main Roads WA Minor Works GCC 17.2, 17.4Update the programme within 1 months (1 month)
No penalty stated (4)
- GC21 Ed 2 (NSW) Schedule 8Record day works on the day they occur (1 day)
- GC21 Ed 2 (NSW) cl 11.2Confirm a verbal direction in writing within 3 business days (3 business days)
- TfNSW C41 cl 27After the last warranty period ends, request the release of the security; RMS releases it within 14 days of the request if satisfied
- TMR TIC cl 41(a)Record day works on the day they occur (1 day)
Where the bar comes from somewhere else
- AS 4902 cl 37.4The bar comes from the final certificate, due within 42 days of the same expiry.
- GC21 cl 61.1Any Claim not submitted before or with the Final Payment Claim is barred (cl 61.1; also cl 68.2).
The special conditions can add more
The library reads the published form. Principals' amendments can add one (e.g. a 5 Business Day variation notice, 20 Business Day claims). The contract you signed is the one that counts. The delay bars, form by form, are on late EOT claims; the variation windows on variation claims.
What this page is, and is not
It is the clause, window and consequence this library holds for each published contract form. It is not legal advice, and it is not your contract: a principal's special conditions can change any window and any consequence here, so read the contract you signed.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.
Clauses read from the obligation library, release v19, last checked against the source on .