Extension of Time Claim

Project Information

Project Name Enter the full legal name of the construction project as written in the head contract.

Site Address Provide the full street address, suburb, state, and postcode of the worksite.

Contract Number Record the unique reference number assigned to the signed agreement.

Original Completion Date Insert the date for practical completion specified in the contract.

Instructions for Completion

You must fill out this section with absolute accuracy. This information links your claim directly to the binding agreement between the parties. Incorrect details can cause delays in payment or give the principal an excuse to reject your claim on technical grounds.

Project Name and Site Address Use the exact project name and site address listed in your signed contract. If you are working on a large development, include specific lot or stage numbers. Australian courts often interpret construction contracts strictly. A discrepancy between the address on your invoice and the contract can create administrative issues. Ensure the address matches the details in the Building Code of Australia documentation or the development approval if those documents form part of your agreement.

Contract Number Every valid contract should have a reference number. This number is the primary key the client or superintendent uses to file and retrieve your claim. If you are operating under a standard form contract, such as those published by Housing Industry Association (HIA) or Master Builders Association (MBA), the contract number usually appears at the top of the first page. If you do not have a specific contract number, use the date of the signed agreement and the client's full name. This creates a clear audit trail if a dispute arises regarding the timeline of the works.

Original Completion Date You must state the Date for Practical Completion exactly as it appears in the contract. Do not guess this date. In New South Wales, for example, the Building and Construction Industry Security of Payment Act 1999 relies on the claim being made in accordance with the construction contract. If you claim an extension based on the wrong completion date, your calculation for the delay will be incorrect, which invalidates your claim. If the contract specifies a number of working days rather than a calendar date, calculate the end date accurately excluding public holidays and weekends, unless your contract states otherwise.

Keep a copy of the signed contract with these details highlighted. If a superintendent or quantity surveyor questions this section, you must be able to produce the original document immediately to verify your entries. Precision here establishes your professionalism and ensures your claim stands up to scrutiny under Australian contract law.

Cause of Delay

Nature of the Qualifying Event

You must clearly describe the specific event that stopped you from working. A general statement is not enough. You must explain exactly what happened, when it started, and how it physically stopped work on the site. This event must be something you could not reasonably prevent or control. Under the Security of Payment Act frameworks in states like New South Wales and Victoria, the burden is on you to prove the delay was valid and beyond your control.

Weather Events

If weather stopped the work, state the exact dates and times work ceased. You must prove the conditions were abnormal for the time of year and location. Reference rainfall data from the Bureau of Meteorology showing specific millimetres fallen. Simply saying it rained is not sufficient. You must show that the rain created a safety hazard or made the site unworkable according to the Work Health and Safety Act. Explain how the wet ground prevented access for machinery or how high winds made working at heights unsafe under Australian Standards (AS) such as AS 1892.1 for portable ladders.

Variations

If the delay was caused by a variation issued by the client or architect, describe the change in detail. Quote the specific instruction date and the relevant clause in your contract that addresses variations. Explain that you had to stop planned work to address the new instruction. If materials ordered for the original schedule no longer fit the new design, state this clearly. The delay is valid because the scope changed, forcing a halt on original progress while you waited for new instructions or materials.

Latent Conditions

If you found underground pipes, rock, or hazardous materials not shown on the drawings, this is a latent condition. Describe the physical obstruction found. Refer to the contract clause regarding unforeseen ground conditions. You must prove that a competent contractor could not have reasonably predicted this condition based on the site information provided before the contract was signed. State that work stopped immediately to allow for an engineering assessment or safe removal method.

Client Instructions and Approvals

Delays often happen because you waited for the client to provide information, samples, or site access. If this is the cause, list the specific information you requested and the date you asked for it. State that work could not proceed without this approval. Reference the duty to provide access and information found in standard contracts like the HIA or MBA residential building contracts. If the client failed to give you access to the site on a scheduled day, record the date and the reason given for the refusal.

Delay Record

Using this section helps prove why a project ran late. It is essential evidence for any Extension of Time claim. You must keep accurate records. If a dispute ends up in court or before an adjudicator in Australia, detailed daily logs often determine who pays for the delay.

Required details for every entry

To make this record valid under Australian contract law, you need to log the following details for every delay event.

• Date of Delay: Write the specific date or date range the work stopped or slowed down.
• Cause of Delay: Be precise. State exactly what happened. Do not just write 'rain'. Write 'Heavy rain prevented excavation and concreting works'. If a contractor did not show up, write 'Subcontractor failed to deliver steel beams as scheduled'. This links the delay to a specific cause.
• Activities Affected: List the tasks you could not do. For example, 'Installation of framing' or 'Electrical rough-in'. This shows the direct impact on the building program.
• Duration of Delay: Record the exact time lost. Use hours or days. If rain stopped work at 9:00 am and you restarted at 1:00 pm, record 4 hours. If the site was inaccessible for two full days, record 2 days.
• Notification Sent: Note if you told the builder or principal about the delay. Most contracts under the Security of Payment Act schemes require you to give written notice quickly. Record the date you sent the email or site diary entry.

Delay Log Table

Legal and Standards Context

In Australia, courts and adjudicators look closely at the Building and Construction Industry Security of Payment Act in various states. They also consider general contract law principles. Your contract likely sets strict rules for notices. For example, many standard HIA and Master Builders contracts say you must notify the other party within a specific number of days after becoming aware of a delay.

Failure to record the dates and causes accurately can result in a valid claim being rejected. An adjudicator cannot rely on guesswork. They rely on facts. Your records must show a clear link between the cause and the time lost.

Practical tips for site use

• Take photos: Always attach photos to this record. Photos of wet ground, missing materials, or blocked access support your written notes.
• Be consistent: Fill this out every day. Do not rely on memory at the end of the week.
• Separate delays: If a rain delay happens on a Monday, do not lump it with a material shortage on Tuesday. Record them separately.
• Refer to the program: Check your construction program. If the delay affects the 'Critical Path', note that here. A delay on a non-critical task might not entitle you to an extension of time, but it is still worth recording.

Keep this table updated and attach copies to your monthly payment claims or formal Extension of Time requests. This protects your right to payment for the time lost.

Supporting Evidence Checklist

You must prove the delay was beyond your control to get paid for the extra time. Verbal discussions or loose promises are not enough. You need a paper trail linking the cause directly to the delay on the critical path.

Use the following checklist to gather your evidence.

Site Diaries and Daily Records Your site diary is your most important tool. Under the Security of Payment Act laws in various states, courts and adjudicators look favourably on contemporaneous records. Do not backdate these. Every entry must include the date, weather conditions, manpower on site, and specific activities halted or delayed.

• Record exactly what work stopped and why.
• Note any verbal instructions given by the superintendent or client.
• If you claim rain stopped work, record the specific times it rained and why the ground was too wet to proceed.

Weather Data You cannot simply say it rained for a week. You must show the rainfall exceeded the historical average for that location. Attach Bureau of Meteorology data for your specific site.

• Compare the actual rainfall against the monthly average.
• Highlight specific days where work was impossible.
• If your contract references a specific number of 'inclement weather days' allowed per month, calculate exactly how many days you exceeded that limit.

Formal Notices and Emails Reference the Construction Contracts Act 2004 (WA) or the Building and Construction Industry Security of Payment Act 1999 (NSW) regarding notices. You generally cannot claim an extension if you did not notify the principal within the timeframe required by your contract.

• Save all emails sent to the builder or architect regarding the delay.
• Ensure your written notice states the clause of the contract you are relying on.
• Keep copies of delivery receipts if you sent notices via post.

Photographs and Video Photos provide irrefutable proof of site conditions. Ensure your digital photos have time and date stamps enabled.

• Take photos of waterlogged ground, flooding, or inaccessible materials.
• Photograph any missing materials or site obstructions caused by others.
• If safety was an issue, document the hazard. This helps if you need to reference WHS Regulations.

Subcontractor and Supplier Statements If a delay was caused by a material delivery not arriving, you need proof. Collect statements from your suppliers showing the promised delivery date versus the actual delivery date. If a subcontractor caused the delay, keep their correspondence explaining the reason.

Program and Schedule Updates Attach the original project program. Mark it up to show the new finish date. This visual aid helps the other party understand the impact of the delay on the overall completion date.

Do not send original documents. Keep a master file of all originals for your records. Send clearly labelled copies with your Extension of Time claim.

Calculation and Revision

To determine the new Date for Practical Completion, you must accurately sum the total number of days awarded for each valid delay event. Under standard HIA and MBA contracts, and in accordance with the Building Act 1993 (Vic) and the Home Building Act 1989 (NSW), an extension of time is measured in calendar days, not working days. This includes weekends and public holidays.

Start by listing the delay dates for each accepted event. Count the days from the commencement date of the delay to the date work resumed. For concurrent delays, where multiple issues stop progress at the same time, you generally cannot claim the same days twice. You must identify the longest continuous period of delay to avoid double counting.

Next, subtract any days you have already claimed or days where the contract specifies you are not entitled to an extension. Ensure you have mitigated the loss where possible. Courts in Australia, referencing the Security of Payment Act principles in various states, expect builders to act reasonably to minimise delays. If you failed to order materials on time or did not have the necessary subcontractors scheduled, the principal or superintendent may reject those specific days.

Add the total number of approved extension days to the original Date for Practical Completion stated in your contract. The result is the new Date for Practical Completion.

You must formally notify the client of this new date. Most residential building contracts require a written notice specifying the new date. Failure to provide this calculation can invalidate your claim. If the revised date affects liquidated damages, adjust your figures accordingly to ensure any potential deductions are calculated only on the days you were actually responsible for the delay.

Keep a clear paper trail of this calculation. Attach the calendar to your extension of time claim. If a dispute arises regarding the timeline, an adjudicator or tribunal member will look for a precise, logical summation of days. Vague estimates or verbal agreements are not sufficient. Ensure the calculation aligns with the specific clauses in your contract regarding the program of works and any milestones.

Signatures

The Extension of Time Claim is not valid until it is signed and dated. This section acts as your formal declaration that the details provided in this document are true and correct. By signing this claim, you are formally notifying the other party that you require an adjustment to the contract completion dates due to the specific causes listed.

You must sign this document personally. If you are a sole trader, sign your own name. If you are operating as a company or a trust, a director or an authorised officer must sign on behalf of the entity. In the construction industry, signed documents are often used as primary evidence in building disputes. Your signature confirms to the principal, head contractor, or superintendent that you are asserting your contractual rights to an extension of time.

Under the Electronic Transactions Act 1999 (Cth) and corresponding state legislation, electronic signatures are generally legally acceptable. This means a digital signature or a clear image of your handwritten signature pasted into a PDF is usually binding for standard building contracts and subcontracts. However, you should check the specific contract you are working under. Some standard form contracts, such as specific versions of HIA or Master Builders agreements, may contain clauses requiring physical "wet ink" signatures for formal notices of this nature. If the contract is silent on the issue, an electronic signature is sufficient.

Print your full name clearly beneath your signature. This prevents any ambiguity regarding who authorised the claim. You must also record the date of signing in the format DD/MM/YYYY. This date is for proving that you served the notice within the timeframe required by the contract. Most construction contracts in Australia strictly regulate the time limit for submitting an Extension of Time Claim. If you do not sign and send the document by the required date, usually within a specified number of days after the delay event occurred or became apparent, you risk losing your right to claim the extra time. The date of signing also establishes when the formal countdown for the recipient to assess and respond begins.

Keep a copy of the signed document for your own records before you send it to the other party. This copy is your proof that the claim was made and submitted on time.

Signed by the Claimant

Signature

Print Name

Position (if applicable)

Date (DD/MM/YYYY)