Notice of Delay -EOT

Hi Amro

The requirement for a timely EoT notice varies from contract to contract - it depends if the requirement is a "condition precedent" to raising a claim. For instance in the JCT form lack of a notice is not a condition precedent.

The need for a formal notice is to give the Employer warning of any change in his risk. He may have asked for a change to his project but may reconsider if his idea will result in a late delivery.

Alternatively if the Employer creates an act of prevention to delay the works then it is likely that he will have waived the binding nature of a formal notice.

There is no set template for an EoT notice but it must contain:

A description of the change

The contract clause stating the relevant event

The likely effect on completion date

Any cost or loss and expense

A line in the progress meeting record is not sufficient.

Also the process of firing off notices on every occasion is counter productive.

Best regards

Mike Testro

I wanted to add that clients normally would not reject EOT just for the fact that the contractor did not follow the precedural requirement of EOT claim (TEA,TIA etc) as if it goes to litigation or arbitration and if the client is the real responsible party the court will normally rule in favor of the contractor. Unless the client is able to convince the arbitrator/mediator/judge that if they informed on time they could've prevented/mitigated the EOD, which if it's not impossible, it is a very hard thing to do. 

However any of this does not change the fact that everyone benefits from filing EOT as soon as possible even if the contract is silent about the NOD requirement. The sooner you file the EOT there is more time to negotiate, mitigate, and reduce the risk and cost of project for both the Client and the Contractor. and definetly less headache! 

If excusable delay has taken place in the project :

As A contractor :

1- Should I send  notice of delay within 21 days ?

Yes put the owner on notice within the required time frame so that yuo do not lose your rights

2- Any one have a template for notice of delay?

YES There are several word documnets templates for notice of delay

3- what the impact of net sending or sending late?

if you send late you colud lose your rights to claim time. 

Hi Zoltan,

is it possible to send me notic  of delay  template

My Email:eng_amrelsaied@hotmail.com

Regards,

sent