Extension of Time Under JCT (Illustration)

The Contractor must notify the Architect/Contract Administrator in writing of any delay to the works or likely delay at the earliest opportunity. The notice must state the cause of the delay. It should also provide an estimate of the delay to completion if possible. Failure to provide proper notice could result in the Contractor not receiving a full extension of time or being liable for delays. The Architect/Contract Administrator will assess if completion is delayed and if the cause is a relevant event listed in the contract. If so, they will provide a written notice with a fair extension to the completion date.

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Extension of Time Under JCT (Illustration)

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DELAY AND EXTENSIONS OF TIME

NOTIFYING DELAY UNDER JCT INTERMEDIATE BUILDING CONTRACT 2011

The Contractor's Works are DELAYED

or
LIKELY TO BE DELAYED

Each and every time the Works are delayed,

or likely to be delayed, the Contractor MUST
give a WRITTEN NOTICE of the delay to the
Architect/Contract Administrator

The consequences of not

giving a notice on time
could include:
The Contractor may not
be entitled to a full
extension of time or
extended preliminaries
The Contractor might be
liable for delays which
have been caused by its
failure to notify a delay
to the Architect/
Contract Administrator

The Contractor must use his best endeavours

to prevent delay, and do anything reasonably
required by the Architect/Contract
Administrator to proceed with the Works

The Contractor is not required to incur

unreasonable costs in accelerating the
Works. Any loss suffered may be
claimable as loss and expense

What should the

notice contain?

For each and every

delay, the notice should
state the CAUSE of
that delay

This is all the information the

Contractor is required to give,
under the Intermediate Building
Contract but the Contractor should
also aim to give the following:
What the effect of the delay is
Whether the cause is a Relevant Event
An estimate of delay to completion.
Not least because the Architect/
Contract Administrator will expect to
receive this information anyway!

The Contractor should also provide any further information required by

the Architect/Contract Administrator which is reasonably necessary for
the purposes of this clause 2.19 - that is, for notifying delay or assessing
an extension of time

The Architect/Contract Administrator should then assess:

(1) if completion is delayed (or likely to be delayed) and
(2) whether the cause of the delay is a Relevant Event
Relevant Events are listed at Clause 2.20

Under the Intermediate Building

Contract, if the Architect/Contract
Administrator does not consider
that completion is delayed or that
the cause was a Relevant Event,
he does not have to give a
notice stating this.

If there is a delay to completion caused by a Relevant Event, then the Architect/Contract Administrator
must give a notice in writing setting out a fair and reasonable extension of time. The notice should
be given as soon as the Architect is able to estimate the length of the delay to the completion date