A Notice of Delay is the contractor's written notification to the owner that a delay event has occurred or is anticipated. Most construction contracts require this notice within a specific time window (typically 7 to 14 days from when the contractor knew or should have known about the event). The notice must identify the event, its expected impact on the schedule, and the basis for any time extension or compensation claim. Late or missing notices typically waive the underlying claim, regardless of how genuine the delay was.
A strong Notice of Delay: cites the specific contract clause requiring notice, identifies the event with date and description, states the expected schedule impact (even if approximate), and reserves the right to update as the impact becomes clearer. Following up the initial notice with a formal request for time extension and an updated schedule analysis is the second step. Skipping or rushing the Notice of Delay step is the leading reason contractors lose otherwise valid delay claims at closeout.