Delay notice templates for JCT 2024 and NEC4 (England and Wales)

These are drafting aids, not legal advice. They are Storia's own wording, not text from any JCT or NEC form, both of which are licensed. Clause numbers and periods come from at least two independent published sources. Most English contracts on these forms are amended. (Opinion.) Read the executed contract, the schedule of amendments or Z clauses, and the edition before you send. The law behind each letter (when a notice is a condition precedent, and what rescues a late one) is on notice and time bars in England and Wales; this page does not repeat it.

Which notice, under which form

Layer: form-default, from published summaries of the printed forms and the judgments listed. Your contract's amendments govern.

A notice is not a claim. Under JCT the notice and particulars start the Employer's assessment; under NEC4 the notification starts the quotation process. The full submission is a separate document (see how to write an EOT claim). And the time and money notices under JCT run in parallel: A and E go out together.

An amended notice clause can bar you without a hard deadline

Before using Templates A to E, check the schedule of amendments. Employer amendments often convert the JCT delay notice into a condition precedent, with a fixed period and words of forfeiture, and add their own notice periods to NEC4 through Z clauses. (Opinion.) Since Disclosure and Barring Service v Tata Consultancy Services Ltd [2025] EWCA Civ 380, ¶26(e), a bespoke clause can be a condition precedent without a precise time limit: a requirement to act in a "timely" way or "within a reasonable time" can be enough if the relief is plainly made conditional on it, and Coulson LJ held that a clear requirement to act "promptly" can be a condition precedent too (¶¶50 to 51). In Steria Ltd v Sigma Wireless Communications Ltd [2007] EWHC 3454 (TCC), ¶¶90 to 91, "provided that" with a clear time requirement did the same work without spelling out the consequence. On an amended form, treat "forthwith" as days, not weeks, and diarise any amended period from the earliest date the other side could say you were aware. (Opinion.)

JCT DB 2024 cl 2.24: notify forthwith, then keep the particulars current

Under JCT DB 2024, cl 2.24 is the Contractor's notice of delay to progress. In Storia's words: once it becomes reasonably apparent that progress of the Works (or a Section) is being or is likely to be delayed, the Contractor notifies the Employer forthwith of the material circumstances, including the causes, and says which of them it contends are Relevant Events. It gives particulars of the expected effects and an estimate of the delay to the Completion Date, with the notice if it can and otherwise as soon as it can, and notifies any material change in the estimate or particulars. Under cl 2.24.4, new in 2024, the Employer may ask for further information within 14 days. The Employer then fixes the Completion Date under cl 2.25, notifying its decision within 8 weeks under cl 2.25.2 (12 weeks under DB 2016). There is no deemed grant if the Employer misses the 8 weeks. The Relevant Events are listed in cl 2.26, including epidemic (cl 2.26.7) and change in law and guidance (cl 2.26.8). [NEGATIVE FINDING] No reported judgment has yet construed these 2024 provisions.

The trigger is delay to progress however caused, not only delay you say is the Employer's risk. Name every cause of delay to progress, including any the Employer may say is yours, but describe it factually and state your position on it rather than conceding responsibility: an adjudicator or court will find the other cause anyway, and a notice that hid it loses credibility on the rest. (Opinion.) How the competing causes are then treated is on concurrent delay in England and Wales.

The particulars matter more than the covering letter. In Mace Construct Ltd v Baltic Investment Holdings Ltd [2026] EWHC 976 (TCC), ¶50, on an amended DB 2016, the adjudicator was to carry out "a prospective assessment in response to the notice and particulars submitted under clause 2.24", and reduced the 7 weeks 5 days the Employer's Agent had granted to zero. What you put in Templates B and C is what an adjudicator will later reassess, so make the estimate one you can defend on the programme. (Inference.) How that plays out in adjudication is on adjudicating extensions of time.

SBC and DB 2016. [EDITION ALERT] On the JCT Standard Building Contract, the 2016 edition numbers the notice, fixing and Relevant Events clauses 2.27 / 2.28 / 2.29 (Belong (Construction) Ltd v Seddon Construction Ltd [2026] EWHC 1275 (TCC) cites cl 2.28.6.5), and notices go to the Architect or Contract Administrator. The SBC 2024 numbers have not been confirmed from two sources: check the 2024 form and change the clause references in each template. On DB 2016 the notice clause is also cl 2.24 (as in Mace), but there is no 14-day request, the decision period is 12 weeks, and there is no epidemic Relevant Event.

Template A. JCT DB 2024 cl 2.24 notice of delay

To:        [EMPLOYER], for the attention of [EMPLOYER'S AGENT NAME],
           Employer's Agent, [PROJECT]
From:      [CONTRACTOR], [AUTHOR, ROLE]
Date:      [DATE]
Contract:  [CONTRACT REF], JCT Design and Build Contract 2024 as
           amended by [SCHEDULE OF AMENDMENTS REF]
Sent by:   [EMAIL TO THE ADDRESS IN THE CONTRACT PARTICULARS / OTHER
           METHOD THE NOTICES CLAUSE PERMITS]
Subject:   NOTICE OF DELAY under clause 2.24 - [SHORT DESCRIPTION]

1. This is a notice under clause 2.24 [and amended clause [REF]].

2. The progress of the Works [Section [X]] [is being / is likely
   to be] delayed. On [DATE] [FACT, e.g. RFI [NO.] remained
   unanswered / instruction [REF] was received / access to [AREA]
   was not given].

3. Material circumstances: [WHAT HAPPENED, WHERE, WHEN, AND WHICH
   WORK IS AFFECTED].

4. Causes of the delay:
   (a) [CAUSE], which we contend is a Relevant Event under clause
       [2.26.[X]];
   (b) [ANY OTHER CAUSE OF DELAY TO PROGRESS, DESCRIBED FACTUALLY,
       AND WHY WE SAY IT DOES OR DOES NOT AFFECT THE COMPLETION
       DATE].

5. Particulars and our estimate of the delay to the Completion Date
   [are attached / will follow by [DATE]]. Current estimate: [X
   weeks / not yet known, because [REASON]].

6. We are taking the following steps to reduce the delay: [STEPS].

7. Our notice in respect of loss and expense is given separately by
   letter [REF] of today's date.

8. We reserve the right to give further notices, particulars and
   estimates as the delay and its effects develop.

Records held: [DIARY ENTRY], [PHOTOS], [RFI / EMAIL REFS],
[PROGRAMME EXTRACT, REVISION AND DATA DATE].

[SIGNATURE BLOCK]

Clause served: cl 2.24 (SBC 2016: cl 2.27). Attach: the dated records of the facts in paragraph 2 and a programme extract. Send by: "forthwith" once the delay is reasonably apparent; on an amended form, by the amended period. Do not wait until you can measure it. Give the date of the facts, not the date you say the delay became apparent.

Template B. JCT DB 2024 particulars and estimate

To:        [EMPLOYER], for the attention of [EMPLOYER'S AGENT NAME]
From:      [CONTRACTOR], [AUTHOR, ROLE]
Date:      [DATE]
Contract:  [CONTRACT REF], JCT DB 2024 as amended by [REF]
Sent by:   [EMAIL TO THE ADDRESS IN THE CONTRACT PARTICULARS / OTHER
           METHOD THE NOTICES CLAUSE PERMITS]
Subject:   Particulars and estimate under clause 2.24 - Delay notice
           [REF] - [SHORT DESCRIPTION]

1. We refer to our notice of delay [REF] dated [DATE]. These are
   the particulars and estimate that notice said would follow.

2. Relevant Event relied on: clause [2.26.[X]] ([HEADING]).

3. Expected effects: the event delayed [ACTIVITIES] from [DATE] to
   [DATE]. It lies on the critical path to the Completion Date
   in programme [REF, REVISION, DATA DATE].

4. Estimate: [X] weeks [X] days of delay to the Completion Date
   [for Section [X]], from [CURRENT COMPLETION DATE] to [DATE].
   Method: [e.g. time impact analysis on programme [REF]],
   explained in Appendix [X].

5. Other causes considered: [NONE / DESCRIBE, AND WHY THEY DO OR DO
   NOT AFFECT THE ESTIMATE].

6. We ask the Employer to fix a later Completion Date under
   clause 2.25.

7. We reserve the right to give further notices, particulars and
   estimates as the delay and its effects develop.

Appendices:
   1  Delay notice [REF]
   2  Event records [RFI / INSTRUCTION / DIARY REFS]
   3  Programme current before the event [REF, REV]
   4  Impacted programme and method note [REF]
   5  Progress records for the affected activities [REFS]

[SIGNATURE BLOCK]

Clause served: cl 2.24, requesting a decision under cl 2.25. Attach: Appendices 1 to 5. Send by: with Template A if you can; otherwise as soon as you can estimate. The Employer's 8-week decision period (cl 2.25.2) runs from what you give it, so an early, defensible estimate starts the clock.

Template C. JCT DB 2024 further notice on a material change

To:        [EMPLOYER], for the attention of [EMPLOYER'S AGENT NAME]
From:      [CONTRACTOR], [AUTHOR, ROLE]
Date:      [DATE]
Contract:  [CONTRACT REF], JCT DB 2024 as amended by [REF]
Sent by:   [EMAIL TO THE ADDRESS IN THE CONTRACT PARTICULARS / OTHER
           METHOD THE NOTICES CLAUSE PERMITS]
Subject:   Further notice under clause 2.24 - material change -
           Delay notice [REF]

1. We refer to our notice [REF] dated [DATE] and particulars [REF]
   dated [DATE].

2. Since then [WHAT CHANGED, e.g. the RFI response arrived on
   [DATE] / instruction [REF] added work / the cause continued
   beyond [DATE] / a further cause arose].

3. Revised estimate: [X] weeks [X] days to the Completion Date
   (previously [X]). The basis is shown in programme [REF, DATA
   DATE], Appendix [X].

4. [Further cause: [DESCRIBE], which we contend is a Relevant Event
   under clause [2.26.[X]].]

5. [If the Employer has already fixed a date: this information
   bears on the extension fixed on [DATE] and we ask that it be
   taken into account.]

[SIGNATURE BLOCK]

Clause served: cl 2.24. Attach: the updated programme and the record of what changed. Send by: forthwith on the change. Send one for every revised programme that moves your estimate; a run of short updates is a better record than one long letter months later. (Opinion.)

Template D. Reply to an Employer's cl 2.24.4 request for further information

The 14 days in cl 2.24.4 is the Employer's window to ask, measured from receipt of your particulars (or of a notice of material change). The published sources give no fixed period for your reply, and commentary reads the 8-week decision period as running from receipt of the information requested, so every day you take delays the decision. Reply within days and answer only what was asked.

To:        [EMPLOYER], for the attention of [EMPLOYER'S AGENT NAME]
From:      [CONTRACTOR], [AUTHOR, ROLE]
Date:      [DATE]
Contract:  [CONTRACT REF], JCT DB 2024 as amended by [REF]
Sent by:   [EMAIL TO THE ADDRESS IN THE CONTRACT PARTICULARS / OTHER
           METHOD THE NOTICES CLAUSE PERMITS]
Subject:   Response to request for further information under
           clause 2.24.4 - Delay notice [REF]

1. We refer to your request [REF] dated [DATE], received on [DATE],
   for further information about our notice [REF] and particulars
   [REF].

2. Responses:
   Item 1  [REQUEST AS PUT]: [ANSWER]. See Appendix [X].
   Item 2  [REQUEST AS PUT]: [ANSWER]. See Appendix [X].
   Item 3  [REQUEST AS PUT]: [ANSWER, or why the information is not
           reasonably necessary to fix the Completion Date].

3. [Your request was received on [DATE], more than 14 days after
   our [notice / particulars] of [DATE]. We have answered it, but
   do not accept that it affects the period for your decision.]

4. With this response you hold everything needed to fix a later
   Completion Date under clause 2.25. Please notify your decision
   within the period clause 2.25.2 allows.

[SIGNATURE BLOCK]

Clause served: reply under cl 2.24.4. Attach: the documents for each item, numbered to match the request. Send by: promptly; no period is stated in the published sources, and every day you take is a day the Employer will say it could not decide.

JCT loss and expense: the notice most likely to forfeit

JCT gives time and money through separate machinery. Time comes through the cl 2.26 Relevant Events; money through the cl 4.21 Relevant Matters, which include asbestos, contaminated material and unexploded ordnance (cl 4.21.3). Epidemic (cl 4.21.6) and change in law and guidance (cl 4.21.7) are Relevant Matters only if selected in the Contract Particulars. If they were not selected, those events give time (cl 2.26.7 and 2.26.8) but no loss and expense, and Template E should not claim them as Relevant Matters.

The asymmetry. In FES Ltd v HFD Construction Group Ltd [2024] CSIH 37, on JCT SBC/Q/Scot 2016, the contractor's right to loss and expense under cl 4.20.1 was "subject to" compliance with cl 4.21, so the cl 4.21 notice was a condition precedent; the Inner House said notice "within a limited (but not certain) time span is a reasonable condition" (¶[26]). Those are SBC/Q/Scot 2016 numbers, where cl 4.21 is the notification provision; in DB 2024 cl 4.21 lists the Relevant Matters, so find the provision in your own form that makes loss and expense "subject to" the notice. The decision is Scottish and persuasive only in England and Wales, and it said nothing about the EOT notice. Where DB 2024 makes loss and expense subject to the notice in the same way, the same result is likely. (Inference.) The printed EOT clause contains no comparable conditioning words, so on the printed wording the EOT notice is not a condition precedent; no court has yet construed the 2024 clause. (Inference.) The result is time but no money on the same facts. The reasoning is on notice and time bars in England and Wales.

Template E. JCT loss and expense notice (cl 4.21 Relevant Matter)

To:        [EMPLOYER], for the attention of [EMPLOYER'S AGENT NAME]
From:      [CONTRACTOR], [AUTHOR, ROLE]
Date:      [DATE]
Contract:  [CONTRACT REF], JCT DB 2024 as amended by [REF]
Sent by:   [EMAIL TO THE ADDRESS IN THE CONTRACT PARTICULARS / OTHER
           METHOD THE NOTICES CLAUSE PERMITS]
Subject:   NOTICE of loss and expense - Relevant Matter under
           clause 4.21.[X] - [SHORT DESCRIPTION]

1. This is a notice under [LOSS AND EXPENSE CLAUSE, CHECKED AGAINST
   THE EXECUTED CONTRACT] in respect of a Relevant Matter under
   clause 4.21.[X] ([HEADING, e.g. a Change / Employer impediment,
   prevention or default / epidemic, selected in the Contract
   Particulars]).

2. The regular progress of the Works [Section [X]] [has been / is
   likely to be] materially affected by that Relevant Matter. On
   [DATE] [FACT].

3. As a result we [have incurred / are likely to incur] direct loss
   and expense that is not recoverable under any other provision
   of the Contract.

4. The same events are the subject of our notice of delay [REF]
   under clause 2.24.

5. We are recording the cost under cost code [CODE] from [DATE]:
   [PRELIMINARIES / PLANT / SUPERVISION / DISRUPTION TO [WORK]].
   Our initial assessment and supporting information will follow
   by [DATE], with updates at [MONTHLY] intervals.

6. We reserve the right to give further notices, particulars and
   estimates as the delay and its effects develop.

[SIGNATURE BLOCK]

Clause served: the loss and expense clause of the executed contract, naming the Relevant Matter in cl 4.21. Attach: the event record and the first cost records, if any. Send by: the same day as Template A. Give the date of the facts, not the date you say the delay became apparent. After FES, treat this as the hard deadline on any JCT contract, printed or amended. (Opinion.)

NEC4 cl 61.3: 8 weeks, then the Completion Date does not move

NEC4 has no extension of time clause. Time moves only through a compensation event: the Completion Date changes by the amount the event delays planned Completion against the Accepted Programme (cl 63.5, in Storia's paraphrase). Under NEC4 ECC cl 61.3, the Contractor notifies an event it believes is a compensation event within 8 weeks of becoming aware of it. If it does not, the Prices, the Completion Date and the Key Dates are not changed. The bar does not apply where the event arises from the Project Manager or Supervisor giving an instruction or notification, issuing a certificate or changing an earlier decision. The familiar exception for an event the Project Manager should have notified but did not is NEC3, not NEC4. Notify those events anyway: the exception is a defence, not a reason to stay silent. (Opinion.)

Name the cl 60.1 event, and plead alternatives. There are 21 compensation events in cl 60.1; cl 60.1(18) catches a Client breach that is not otherwise listed. In Premier Modular Ltd v Maidstone and Tunbridge Wells NHS Trust [2026] EWHC 1404 (TCC), the adjudicator decided under cl 60.1(3), which neither party had argued (the parties addressed 60.1(1), (14) and (18)), and on a revised programme neither party said was accepted, without putting either point to the parties; enforcement of the £1,655,385.49 award was refused for a material breach of natural justice (¶¶35, 39, 42, 50, 51). A notification that names the primary event and every credible alternative puts each one in play from the start. (Inference.) The same case shows a second trap: it was common ground that "the Accepted Programme was never updated" (¶14(i)). Keep the Accepted Programme current, or every later assessment starts with an argument about which programme to use. (Opinion.)

Template F. NEC4 cl 61.3 notification of a compensation event

To:        [PROJECT MANAGER NAME], Project Manager, [PROJECT]
From:      [CONTRACTOR], [AUTHOR, ROLE]
Date:      [DATE]
Contract:  [CONTRACT REF], NEC4 ECC (June 2017, with the [January
           2019 / October 2020 / January 2023] amendments as
           incorporated), Option [A / B / C / D / E / F] with Z
           clauses [REF]
Sent by:   [THE COMMUNICATION SYSTEM STATED IN THE SCOPE]
Subject:   NOTIFICATION OF A COMPENSATION EVENT under clause 61.3 -
           [SHORT DESCRIPTION]

1. This is a notification under clause 61.3 of an event which we
   believe is a compensation event.

2. The event: [DESCRIBE WHAT HAPPENED, WHERE AND WHEN]. It
   [happened / is expected to happen] on [DATE]. [On [DATE] [FACT,
   e.g. instruction [REF] was received / the ground at [LOCATION]
   was exposed].]

3. Compensation event relied on: clause 60.1([X]) ([SHORT TITLE]).
   In the alternative: clause 60.1([Y]) [and clause 60.1(18), Client
   breach of contract not otherwise a compensation event].

4. [If applicable: the event arises from [the Project Manager's /
   the Supervisor's] [instruction / notification / certificate /
   changed decision] [REF]. We notify it without prejudice to our
   position that the time limit in clause 61.3 does not apply.]

5. Expected effect: [delay to planned Completion / Key Date [X] /
   additional Defined Cost]. Planned Completion on the Accepted
   Programme [REF, DATE ACCEPTED] is [DATE].

6. [If an early warning was given: we gave an early warning of this
   matter on [DATE], ref [REF].]

7. Please reply within the period in clause 61.4 and, if you accept
   this is a compensation event, instruct us to submit a quotation.

8. This notification is without prejudice to our right to notify
   further compensation events arising from the same facts.

[SIGNATURE BLOCK]

Clause served: cl 61.3 and the cl 60.1 sub-clauses named. Attach: the event record and the current Accepted Programme reference. Send by: within 8 weeks of becoming aware of the event; any Z clause shortening it governs. Send it as a separate communication, not inside a monthly report or a meeting note.

NEC4 cl 61.4 and 62.6: silence becomes acceptance only if you say so

The Project Manager replies to a notification within 1 week (or a longer period the Contractor agrees). If it does not, the Contractor may notify that failure, and only if the failure continues for a further 2 weeks after that notice is the notification treated as accepted as a compensation event, with an instruction to submit quotations (cl 61.4). Quotations are due within 3 weeks of the instruction and the Project Manager replies within 2 (cl 62.3). If that reply does not come, the Contractor again notifies the failure, and a further 2 weeks' silence makes the quotation accepted (cl 62.6). Neither step happens automatically. Diarise the reply dates the day you send F and the quotation; most lost deemed acceptances are letters nobody sent. (Opinion.)

Template G. NEC4 cl 61.4 notice of the Project Manager's failure to reply

To:        [PROJECT MANAGER NAME], Project Manager, [PROJECT]
From:      [CONTRACTOR], [AUTHOR, ROLE]
Date:      [DATE]
Contract:  [CONTRACT REF], NEC4 ECC Option [X] with Z clauses [REF]
Sent by:   [THE COMMUNICATION SYSTEM STATED IN THE SCOPE]
Subject:   NOTIFICATION of failure to reply under clause 61.4 -
           Compensation event notification [REF]

1. On [DATE] we notified [SHORT DESCRIPTION] as a compensation
   event under clause 61.3 (ref [REF]).

2. The period for your reply under clause 61.4 [one week / the
   longer period agreed on [DATE]] ended on [DATE]. We have not
   received a reply.

3. We notify you of that failure under clause 61.4.

4. If you do not reply within two weeks of this notification, that
   is, by [DATE], the notification is treated as accepted as a
   compensation event and as an instruction to submit quotations.
   We will then submit our quotation within the period in clause
   62.3.

[SIGNATURE BLOCK]

Clause served: cl 61.4. Attach: a copy of the original notification and proof of its delivery. Send by: the first working day after the 1-week reply period expires. Count 2 weeks from this notice, not from the original notification.

Template H. NEC4 cl 62.6 notice of failure to reply to a quotation

To:        [PROJECT MANAGER NAME], Project Manager, [PROJECT]
From:      [CONTRACTOR], [AUTHOR, ROLE]
Date:      [DATE]
Contract:  [CONTRACT REF], NEC4 ECC Option [X] with Z clauses [REF]
Sent by:   [THE COMMUNICATION SYSTEM STATED IN THE SCOPE]
Subject:   NOTIFICATION of failure to reply to a quotation under
           clause 62.6 - Compensation event [NO.]

1. On [DATE] we submitted our quotation for compensation event
   [NO.] (ref [REF]): Prices [+/- AMOUNT]; Completion Date
   [unchanged / later by [X] days, to [DATE]]; Key Date [X]
   [unchanged / later by [X] days].

2. The period for your reply under clause 62.3 [two weeks / the
   longer period agreed on [DATE]] ended on
   [DATE]. We have not received a reply.

3. We notify you of that failure under clause 62.6.

4. [If more than one quotation was submitted: we propose that
   quotation [REF] is the one to be accepted.]

5. If you do not reply within two weeks of this notification, that
   is, by [DATE], the quotation is treated as accepted.

[SIGNATURE BLOCK]

Clause served: cl 62.6. Attach: a copy of the quotation, with its revised programme, and proof of delivery. Send by: the first working day after the reply period expires.

The early warning is not the compensation event notification

NEC4 cl 15.1 requires the Contractor and the Project Manager to give an early warning as soon as either becomes aware of a matter that could affect cost, time or quality; the Project Manager enters it on the Early Warning Register and it is discussed at an early warning meeting. If the Project Manager decides that an experienced contractor could have given an early warning and did not, it says so when instructing a quotation, and the compensation event is then assessed as if the warning had been given. An early warning does not satisfy cl 61.3. Send Template I when the risk appears, and Template F when the event happens: they protect different things. (Opinion.)

Template I. NEC4 cl 15.1 early warning

To:        [PROJECT MANAGER NAME], Project Manager, [PROJECT]
From:      [CONTRACTOR], [AUTHOR, ROLE]
Date:      [DATE]
Contract:  [CONTRACT REF], NEC4 ECC Option [X] with Z clauses [REF]
Sent by:   [THE COMMUNICATION SYSTEM STATED IN THE SCOPE]
Subject:   EARLY WARNING under clause 15.1 - [SHORT DESCRIPTION]

1. This is an early warning under clause 15.1.

2. The matter: [DESCRIBE, e.g. design information for [ELEMENT]
   needed by [DATE] has not been received / ground conditions at
   [LOCATION] differ from the site information / a supplier has
   warned of a [X]-week delay].

3. It could [increase the Prices / make Completion later / make
   Key Date [X] later / affect how the works perform once in use].
   Our initial view of the effect: [ESTIMATE].

4. Please add it to the Early Warning Register and [include it at
   the next early warning meeting on [DATE] / call an early warning
   meeting].

5. Proposals to avoid or reduce the effect: [PROPOSALS].

6. If the matter becomes a compensation event, we will notify it
   separately under clause 61.3.

[SIGNATURE BLOCK]

Clause served: cl 15.1. Attach: whatever shows the risk (late information log, supplier letter, site photograph). Send by: as soon as you are aware of the matter; there is no fixed period.

Where Storia fits

Every clock on this page runs from a date your records must prove: when the delay became reasonably apparent, when you became aware of the event, when the Project Manager's reply fell due. Storia builds one source-linked project record from RFIs, instructions, programmes, correspondence and site reports as the work happens, so the dates in Template F or the cause list in Template A traces to the document it came from, and the Accepted Programme an NEC assessment depends on is identifiable at any date.

The records that make each notice defensible

A notice asserts dates and causes; the records prove them. The full list for the claim is in the EOT claim readiness checklist and records and evidence.

Frequently asked questions

Is an email a valid notice under JCT?

Under JCT 2024, generally yes for a delay notice: the 2024 notices provisions expressly allow service by email to the address stated in the Contract Particulars or later notified, which DB 2016 did not expressly provide for. Formal notices such as termination notices can go by email only if the Contract Particulars say so. Label the email as a notice under the named clause, send it to the stated address, and keep the sent record. Amendments often change the notices clause, so check yours.

How long do I have under NEC4?

8 weeks from becoming aware of the event to notify a compensation event under cl 61.3, unless a Z clause shortens it. Miss it and the Prices, Completion Date and Key Dates do not change, except for events arising from the Project Manager's or Supervisor's own instruction, notification, certificate or changed decision. After that: the Project Manager replies within 1 week, you quote within 3 weeks of the instruction, and the Project Manager replies to the quotation within 2.

Is there a fixed deadline for a JCT delay notice?

Not on the printed form. Clause 2.24 requires notice "forthwith" once the delay is "reasonably apparent", and on the printed wording the notice is not a condition precedent to the extension (Inference.; no court has construed the 2024 clause). Two warnings: the loss and expense notice probably is one (FES, persuasive), and an amended clause can be one even without a fixed period (DBS v TCS, ¶26(e)).

Does a monthly report or meeting minute count as a notice?

Do not rely on it. A notice must come from the party giving it and reach the person the contract names, and it should say on its face that it is a notice under the named clause. In Steria a minute prepared by the other side's representative was not by itself valid notice (¶82). Under NEC4 send each notification as a separate communication.

What if the Project Manager never replies?

Notify the failure. Under cl 61.4 (notifications) and cl 62.6 (quotations) acceptance is deemed only if the Contractor notifies the Project Manager's failure and the failure continues for a further 2 weeks. Templates G and H do this. Under JCT there is no deemed extension if the Employer misses its 8 weeks; the remedy is adjudication (see adjudicating extensions of time), not an argument that time is at large, which rarely succeeds (see prevention principle and time at large).

About this material Library content is general information about construction claim practice, not legal advice. Entitlement, deadlines and procedure are governed by your own contract and by the law of the place the work is performed. Reviewed October 13, 2026 · Report a correction