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Extension of time guide
Extension of time / Late claims

What happens if an extension of time claim is late?

A time bar is a clause that cuts or removes an extension of time when the notice or claim is late. Under AS 2124-1992, AS 4000-1997, AS 4902-2000, TfNSW C41, TMR TIC and Main Roads WA Minor Works, the library records a late claim as barred, though for AS 4902 that is contested. GC21 Ed 2 (NSW) reduces the extension by one day for each day late. NZS 3910:2013 and NZS 3910:2023 (draft) state no bar.

Three outcomes

The claim is barred
Reduced for each day late
No penalty stated

Each outcome is the consequence the library records on the form's extension of time claim row, or, for New Zealand, on its notice row. No Australian form in the library has "no penalty stated" for the claim.

What "entitlement condition" means here

Four forms word the claim, or the notice, as a condition of getting the extension at all. The library maps that wording to barred. It is the library's reading of the clause, not a court's.

  • AS 4000'Entitlement condition' (cl 34.3) mapped to barred.
  • AS 2124'Entitlement condition' mapped to barred.
  • TMR TIC cl 35.5(a)'Entitlement condition' in the source; mapped to barred.
  • Main Roads WA Minor Works'Entitlement condition' mapped to barred.

The contested one: AS 4902

Cl 34.3 makes the 28-day written claim a condition of the entitlement, so the library records a late claim as barred. Against that, cl 41.2 says a missed notice neither bars nor invalidates a claim, and cl 34.5 lets the Superintendent grant an EOT at any time before the final certificate. The library leaves it there: case law not researched.

The TMR TIC's strict line

Strict compliance is a condition of entitlement; the prevention principle is contracted out. A late claim, or a late notice of a possible delay, is barred under cl 35.5(c), (h), (l) and cl 35.5(a).

The other side's clock

The library holds the decision window as its own row for one form, and in a note for one more.

ContractDecision
NZS 3910:201320 working daysDecide an extension of time claim within 20 working dayscl 10.3.5If missed: no penalty stated
  • AS 4000The Superintendent has 28 days to decide or the EOT is deemed granted.
  • NZS 3910:2013 cl 10.3.5The Engineer decides within 20 working days or as soon as practicable, and the decision is referable to review.

For GC21, the TMR TIC, AS 2124 and Main Roads WA, the library does not hold the decision window.

Read the special conditions

The library reads the published form. A principal's amendments can shorten the window or harden the consequence, so the contract you signed is the one that counts. The windows themselves are on EOT claims and notice of delay. A claim lost to a time bar is one of the signs of missed 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.

Start freeEvery document we hold

Common questions

Is a late extension of time claim always lost?

No. Under AS 2124-1992, AS 4000-1997, AS 4902-2000, TfNSW C41, TMR TIC and Main Roads WA Minor Works the library records a late claim as barred. Under GC21 the extension is reduced by one day for each day late (cl 50.3, 50.9). NZS 3910 states no express bar.

What is an entitlement condition in an EOT clause?

Wording that makes the notice or claim a condition of getting the extension at all. AS 4000 (cl 34.2, 34.3, 34.5), AS 2124 (cl 35.5), the TMR TIC (cl 35.5(a)) and Main Roads WA Minor Works (GCC 9.6) use it, and the library treats each as a bar on a late claim.

How long does the Superintendent have to decide an EOT under AS 4000?

The Superintendent has 28 days to decide or the EOT is deemed granted.

Can an EOT be granted without a valid claim?

Under AS 4902, cl 34.5 lets the Superintendent grant an EOT at any time before the final certificate, which is why the library records its time bar as contested. The library does not record this power for the other forms.