Strict notice provisions are one of the most unforgiving features of construction contracts. Many contracts require contractors to give notice of delays, variations, or latent conditions within extremely tight timeframes (sometimes as little as 2 business days).
The consequence of missing that window? Your claim may be barred entirely, no matter how genuine or costly the underlying event. Courts and principals often enforce these provisions strictly. Good faith, fairness, or the obviousness of the delay rarely save a contractor who failed to comply with the notice procedure.
Common traps
- Third-party delays: e.g. waiting on utility providers or statutory authorities.
- Unexpected site conditions: contaminated soil, rock, or hidden services.
- Regulatory changes: shifts in law or compliance requirements mid-project.
- Verbal directions: instructions from the principal or superintendent not followed up in writing.
Even when the cause is completely outside the builder’s control, the right to claim for extra time or money can be lost if notice isn’t given on time and in the right format.
Best practices
- Set up internal alerts: Use project management systems or shared calendars to flag notice deadlines immediately.
- Use holding notices: If facts are still unfolding, issue a placeholder. It is better to reserve your rights and amend later than to miss the cut-off.
- Train the frontline: Site managers and supervisors are often first to spot issues; they need to understand which events trigger notices.
- Standardise forms: Adopt clear templates for delay, variation, and latent condition notices to minimise mistakes. However, ensure your claims adhere to the requirements set out in the contract.
In today’s tight-margin projects, a single missed notice can turn a profitable job into a financial disaster. Treat every potential claim event with urgency, discipline, and documentation.