In our last article, we explored the events that can entitle a contractor to an extension of time (EOT) under the JCT Design and Build 2024 Contract. This time, we are looking at how to make an EOT claim.
This is where many contractors fall short. Having a valid Relevant Event is one thing. Getting the timing, process and substance right for a claim is another.
Step 1: Know when to give notice
Clause 2.24 requires the contractor to give notice of delay as soon as it becomes reasonably apparent that the progress of the works is likely to be delayed. This does not mean waiting until the delay has already occurred. The contractor needs to act as soon as the risk becomes clear.
This is a judgement call. The obligation arises when a reasonable contractor should have realised the likely impact of a Relevant Event. Waiting for the full consequences to become clear is likely to be too late.
Step 2: What to include in the notice
The notice needs to be clear and informative. It should set out:
- The Relevant Event being relied on;
- How that event is likely to cause a delay to completion;
- An initial assessment of how much delay is anticipated.
The aim is to show a compelling logical link between the event and the delay.
Step 3: Keep the information flowing
Under clause 2.24.3, the contractor must notify the employer of any material change in the estimated delay. This reflects the reality that delay claims evolve over time. The original estimate may change.
This means once an EOT claim is submitted, the contractor is required to keep the delay estimate under review.
Step 4: Employer’s decision
Once the contractor has given proper notice, the employer must assess the claim and decide whether an extension is due. That decision must be notified within 8 weeks of the later of the contractor’s notice/particulars or any further information properly requested within 14 days (clause 2.25.2, read with 2.24.4). This is a change from the previous JCT edition, which allowed 12 weeks.
Step 5: Review and dispute
If the contractor disagrees with the employer’s decision, the first step is likely to be seeking to negotiate a preferable assessment. If ultimately that approach is unsuccessful, then a formal dispute process (usually adjudication) may be necessary to obtain an independent and enforceable assessment of an EOT. At that point most contractors would turn to a solicitor or disputes specialist.
What happens in the absence of a clause 2.24 notice?
If when a delay occurs the contractor does not submit a clause 2.24 notice either on time or at all, the Employer is still required to assess any delay. Under clause 2.25, the employer is required to assess a fair and reasonable EOT for any Relevant Event (even in the absence of a notice from the contractor). The employer must carry out that assessment by 12 weeks after practical completion.
A few practical points
Get in early: Do not wait for full details. Give prompt notice and build your case as you go.
Keep good records: Emails, meeting minutes, weather logs, and progress photos. They all help.
Be proportionate: Focus on delays that genuinely affect the Completion Date. Inflated claims damage credibility.
Communicate clearly: Your claim should be easy to follow. If the cause and impact are not obvious, explain them.
Why it matters
The EOT procedure is a core mechanism in the contract and one that deserves proper attention. Employers are entitled to know if the project is slipping and why. Contractors who follow the rules put themselves in a stronger position to avoid liquidated damages and disputes.
Following the procedure gives the contractor a clear record, a defensible position, and a better chance of getting back on track when things start to slip.
Employers have responsibilities, too. In our next article, we will look at what a fair and timely response to an EOT claim should look like.
Stay informed with Berwick Law
Our team at Berwick Law is dedicated to advising businesses and individuals on resolving important and complex problems. By launching this blog series, we hope to empower you to manage construction projects with greater confidence and clarity.
For more information on how we can assist you, please contact our Director, Warren Berwick, or our Solicitor-Advocate, Dominic Patching.
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As with all our blogs, these are intended to share general information. If you have any specific contractual issues, you should take specific legal advice.