Can a delay notice be submitted after the completion date and can it be backdated?

Question

This may sound like a silly question, but I haven't been submitting these to try to save the relationship and get paid. But this isn't really working any longer, so any information on delay notices and If they can be issued after the event would be appreciated.

Steve Hardy · Answer

I would not recommend that you back date notices @Gavin Brown ….that would be a bad look, but as @Tom Spilsted says, it would be wise to just briefly explain why it has taken time to establish that the event notified has caused you delay. Do be mindful however that most contracts, particularly JCT use wording such that you are required to give these notices if an event is ‘likely’ to cause delay to completion not necessarily once you are sure that it has.
Also, do check your contract terms carefully. In particular, if there is a Schedule of Amendments to the contract look for any amendments to the notification requirements which require such notifications by a specific date or within a specific period of the event becoming apparent because these will likely act as condition precedent amendments.

Can a delay notice be submitted after the completion date and can it be backdated?

Delay

notice

completion

completion-date

Gavin Brown

Create your FREE Account