How long do you have to give notice of a delay?
A notice of delay tells the other side a delay has happened, or may happen, before the full claim goes in. Some forms count it in days: 7 days under GC21 (cl 50.1, 50.9), 10 business days for a possible delay under the TMR TIC (cl 35.5(a)). AS 4000 and AS 4902 say promptly, with no number.
The notice is not the claim
Most forms ask for two things: a notice that the delay has happened, then the claim for time. The notice comes first and its window is shorter. The claim windows are on EOT claims.
The windows
Only two Australian forms in the library put a number on the delay notice: GC21 and the TMR TIC. The other Australian forms, AS 2124-1992, AS 4000-1997, AS 4902-2000, GC21 Ed 2 (ACT), TfNSW C2-GC21, Main Roads WA Major Works and Main Roads WA Minor Works, hold no notice row, and the table says so.
| Contract | Notice of the delay |
|---|---|
| AS 2124-1992 | not held in the library |
| AS 4000-1997 | not held in the library |
| AS 4902-2000 | not held in the library |
| GC21 Ed 2 (ACT) | not held in the library |
| GC21 Ed 2 (NSW) | 7 daysNotify a delay within 7 dayscl 50.1, 50.9If missed: reduced for each day late |
| TfNSW C2-GC21 | not held in the library |
| TfNSW C41 | none setNotify RMS in writing, promptly, of anything that may delay the progress of the Contracted Work, with details of the possible delay and its causecl 5.3If missed: a breach of contract |
| TMR TIC | 10 business daysNotify a possible delay within 10 business dayscl 35.5(a)If missed: the claim is barred |
| Main Roads WA Major Works | not held in the library |
| Main Roads WA Minor Works | not held in the library |
| New Zealand | |
| NZS 3910:2013 | 20 working daysGive notice of an extension of time claim within 20 working dayscl 10.3.2If missed: no penalty stated |
| NZS 3910:2023 (draft) | none setGive an early warning of an event likely to affect time or costDZ cl 6.10If missed: no penalty stated20 working daysGive notice of an extension of time claim within 20 working dayscl 10.3.2 (2023); DZ 10.3.6(c)If missed: no penalty stated |
| Auckland Transport special conditions | not held in the library |
- AS 4000Notice itself must be given promptly, no number stated.
- AS 4902Notice of the delay itself is due 'promptly' (cl 34.2), no number.
- GC21 cl 50.1, 50.9EOT reduced one day per day late under cl 50.9.
A possible delay counts
The TMR TIC row is a notice of a possible delay, due within 10 business days (cl 35.5(a)). 'Entitlement condition' in the source; mapped to barred. Endorsed title required.
Verbal directions
A direction given on site can be the cause of a delay, and two forms put a clock on writing it down.
| Contract | Confirm a verbal direction |
|---|---|
| GC21 Ed 2 (NSW) | 3 business daysConfirm a verbal direction in writing within 3 business dayscl 11.2If missed: no penalty stated |
| TMR TIC | 10 business daysConfirm a verbal direction in writing within 10 business dayscl 33.1(f), (g)If missed: the claim is barred |
New Zealand
- NZS 3910:2013 cl 10.3.2Give notice of an extension of time claim within 20 working days, with details in the notice or within a reasonable time. The Engineer is 'not bound to grant', with no express bar.
- NZS 3910:2023 (draft) DZ cl 6.10Give an early warning of an event likely to affect time or cost, with no window. 2023 published wording not confirmed - read from the DZ draft only.
- Auckland Transport cl 5.23.8Report RFIs and change events in the monthly report: at least 3 Working Days before each monthly meeting.
Latent conditions carry their own notice
A latent condition is a physical condition on site that differs from what the contract documents led you to expect, found once work starts. It has its own notice, separate from the delay notice, and on every Australian form the library holds, a late one means the costs cannot be recovered.
| Contract | Latent condition notice |
|---|---|
| AS 2124-1992 | none setNotify a latent condition as soon as it is foundcl 12.2, 12.4If missed: the costs cannot be recovered |
| AS 4000-1997 | none setNotify a latent condition as soon as it is foundcl 25.2, 25.3If missed: the costs cannot be recovered |
| AS 4902-2000 | none setNotify a latent condition promptly, and before disturbing it where possiblecl 25.2, 25.3If missed: the costs cannot be recovered |
| GC21 Ed 2 (NSW) | 7 daysNotify a latent condition as soon as it is foundcl 37.3, 37.8If missed: the costs cannot be recovered |
| TMR TIC | 1 business dayNotify a latent condition as soon as it is foundcl 12.2, 12.4If missed: the costs cannot be recovered |
| Main Roads WA Major Works | 28 daysNotify a latent condition as soon as it is foundSCC 10 (replaces cl 12)If missed: the costs cannot be recovered |
| New Zealand | |
| NZS 3910:2013 | none setNotify an unforeseen physical condition as soon as practicablecl 9.5.2, 9.5.4If missed: no penalty stated |
- AS 400028 days is the cost cut-off, not the notice window.
- AS 4902Cl 25.3 excludes cost incurred more than 28 days before the notice, so 28 days is the cost cut-off, not the notice window.
- AS 2124Notice window is 'forthwith', no number stated.
- GC21The notice must carry 7 required content items; the library does not list them, rather than invent them.
- TMR TICEndorsed 'Contractor's Notice Under Clause 12.2'. Cl 12.4 says the claim 'may be reduced'.
- Main Roads WA Major Works'As soon as practicable'; 28 days is the stated maximum.
- NZS 3910:2013No express time bar.
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.