JCT extension of time notice template: clause numbers, examples and what to attach featured image
Templates & Resources

JCT extension of time notice template: clause numbers, examples and what to attach

TrainAR Team 1 month ago 6 min read

JCT extension of time notice template: clause numbers, examples and what to attach

Category: Templates & Resources • Niche: Contracts admin, JCT

Who this is for

  • Trade business owners, project managers and site managers working on JCT jobs.
  • Anyone who needs a plain-English Extension of Time notice they can send today and a checklist to back it up.

What is an EOT under JCT and why it matters

An Extension of Time lets you move the contractual completion date when delays are not your fault. It protects you from liquidated damages and keeps the job on a proper footing. Under JCT, you must notify the delay quickly, explain the cause, and provide particulars. Useful primers: Designing Buildings Wiki on EOT and RICS guidance on delay notices in JCT contracts, which stresses timely notices and particulars.

Quick checklist you can follow today

  • Spot the delay and check your contract form.
  • Send a written notice immediately. Do not wait for the end of the week.
  • Say what happened, when it happened, and the likely impact.
  • Attach evidence and a simple programme impact note.
  • Keep updating the notice if facts change.
  • Track the decision dates and keep a record of all replies.

Clause numbers you will quote on your notice

  • JCT Design and Build 2016: clause 2.24. Contractor must give notice forthwith when delay becomes reasonably apparent, give particulars and updates. Helpful explainer: Ramskill Martin on DB 2016 EOT notices.
  • JCT Minor Works 2016: clause 2.7 (no contractor’s design) and clause 2.8 (with contractor’s design) cover notice and the CA granting a reasonable EOT where delay is beyond the contractor’s control. See accessible guides to MW 2016 structure and EOT in Section 2.
  • Liquidated damages notices and sequence on DB 2016 sit around clauses 2.28 to 2.29. Good overview of the three-notice regime and case law: Taylor Wessing on LADs notices.

Note: JCT updated in 2024 tightens some decision timeframes but the contractor notice mechanics remain similar. See Shoosmiths on JCT DB 2024 changes.

Free template you can copy and send now

Use this as an email or letter. Replace items in square brackets.

Subject: JCT Extension of Time notice – [Project name] – [Contract ref]

Dear [Employer/Contract Administrator name],

Under JCT [form and year, e.g. Design and Build 2016] clause [2.24 / MW 2.7 or 2.8], we give notice that it has become reasonably apparent that the Works are, or are likely to be, delayed.

Delay event: [e.g. late information/variation/adverse weather/third-party delay]
Date(s) of event(s): [dd/mm/yyyy – dd/mm/yyyy]
Affected activities/area: [e.g. roof covering, flat 12 first fix]
Cause classification: [Relevant Event – describe]

Particulars and likely effect:
- Current Date for Completion: [dd/mm/yyyy]
- Estimated delay to Completion: [x calendar days]
- Summary of impact on programme: [one paragraph]

Attachments provided:
- Photographs and site diary extracts
- Short programme impact note
- Relevant instructions/correspondence
- Supplier/utility notices where applicable

We will provide further particulars and updates if there is any material change and will cooperate with any reasonable requests for information.

Please confirm receipt of this notice.

Kind regards,
[Name]
[Company]
[Role]
[Contact number]

If you need a more formal letter layout, copy the same content onto letterhead and title it “Notice of Delay and Application for Extension of Time”.

Evidence pack – what to attach so it sticks

  • Photos and short captions with dates and locations.
  • Daily records for labour and plant. A simple site diary is fine if it is consistent.
  • Supplier or utility emails confirming lead times or outages.
  • Weather records where relevant.
  • Any instruction, change or late information request tied to the delay.
  • Programme impact note. One page is enough: list affected activities and how the critical path moves. See RICS’ principles on delay notices and particulars in JCT contracts and the Designing Buildings Wiki explainer.

How to send and track the notice

  1. Check your JCT form. DB 2016 uses clause 2.24. MW 2016 uses 2.7 or 2.8.
  2. Send the email notice the same day you spot the delay, copying the people named in the contract.
  3. Save a PDF of the notice and attachments in your project folder.
  4. Update your programme and send a short impact note within a few days.
  5. Keep a log of replies and requests for more information.
  6. Watch the LADs sequence. On DB 2016 the employer must follow a three-notice process before deducting LADs. If an EOT is granted later, any LADs covering the extended period must be repaid. Good overview here: Taylor Wessing on LADs notices.

Common reasons EOTs get rejected and how to fix them

  • Notice sent too late. Fix: send as soon as it is reasonably apparent, then follow with particulars.
  • Vague cause. Fix: name the Relevant Event and link it to instructions, weather or third-party evidence.
  • No programme impact. Fix: add a one-page note showing the movement to completion.
  • No updates when facts change. Fix: send a short update email if the delay grows or shrinks.

Light automations you can copy in an afternoon

  • Create an email template and canned response in your mail client titled “JCT EOT Notice”.
  • Set a calendar reminder for follow-up particulars one week after every notice.
  • Use a simple training and expiry reminder workflow to chase certificates that often cause delays. See our Training matrix template for construction.
  • If a variation caused the delay, keep the paper trail tight. See our guide to Variation orders that get approved and paid.

FAQs

  • What is the JCT EOT clause number?
    • DB 2016 clause 2.24. MW 2016 clause 2.7 or 2.8 depending on whether there is contractor’s design.
  • How quickly must I notify?
    • Forthwith when it becomes reasonably apparent there is or will be delay. Do not wait for month-end reports.
  • Do I have to update the programme?
    • A short impact note is best practice and is expected. It helps the CA assess your application.
  • Can the employer deduct LADs while my EOT is pending?
    • They must follow the contract notice steps. If an EOT is later granted, LADs for the extended period must be repaid.
  • Can I claim loss and expense alongside an EOT?
    • Yes, but it is a separate mechanism from time. Keep evidence for both time and money.