Notice of Delay

A notice of delay is a formal written communication from a contractor to the property owner or their representative, informing them of an actual or anticipated delay in the progress or completion of the construction project. The notice typically includes a description of the cause and nature of the delay, the expected impact on the project schedule and milestones, and the proposed actions or remedies to mitigate or recover from the delay. The purpose of a notice of delay is to provide timely and transparent communication about the status and challenges of the project, to allow the parties to assess the situation and make informed decisions, and to preserve the contractor’s rights and defenses under the contract and applicable laws. Notices of delay may be required by the contract or by law, and may trigger certain obligations or consequences, such as the right to an extension of time, the duty to accelerate or re-sequence the work, or the liability for liquidated or actual damages. Notices of delay should be submitted promptly and in accordance with the contract procedures, and should be supported by appropriate documentation and analysis.