Cooperbuild.AI

Insight No. 44

Construction Delay Notice: How GCs Write One (With Template)

A construction delay notice keeps your time extension alive. When to send one, what to include, a template, and how GCs pass sub notices up.

Published
Reading time
6 min read
Author
Adam HicksFounder
On this page10 sections
  1. What is a construction delay notice?
  2. When do you have to send a delay notice?
  3. What causes should trigger a delay notice?
  4. What should a delay notice include?
  5. Construction delay notice template
  6. How do you deliver a delay notice so it counts?
  7. What happens after you send the notice?
  8. How should GCs handle delay notices from subs?
  9. How CooperBuild AI helps
  10. FAQ
  11. Is a delay notice the same as a claim?
  12. How soon do I have to send a construction delay notice?
  13. Can I send a delay notice by email?
  14. What if I don't know how long the delay will last?
  15. Should subcontractors send delay notices to the GC?

By Adam Hicks, CooperBuild AI · November 12, 2026

A construction delay notice is a short written letter telling the party you contracted with that something is delaying your work, when it started, and that you're reserving your right to more time, more money, or both. Send it as soon as you know about the delay and inside the deadline your contract sets. It isn't the claim itself. It's what keeps your claim alive.

Most GCs lose delay fights on paper, not on the facts. The rock was real and the late RFI answer was real, but nobody sent notice in time. This guide covers when to send one, what goes in it, a plain template you can adapt, and how to pass delay notices up from your subs.

What is a construction delay notice?

It's formal written notice, under the contract, that an event is delaying the work. It usually does three jobs:

  • It puts the owner (or the GC, if you're the sub) on record that the delay exists.
  • It ties the event to the contract clause that gives you relief.
  • It reserves your rights while you figure out the real time and cost impact.

A notice of delay is different from a request for a time extension or a change order. Those come later, with schedule analysis and pricing. The notice just starts the clock correctly. If you want the bigger picture on what happens when a job finishes late, read our guide to liquidated damages in construction.

When do you have to send a delay notice?

Whenever your contract says so, and that's the first thing to check. Look for the clauses on delays, time extensions, claims and notices. Private contracts often set a deadline counted in days from when the event happened or from when you first knew about it.

Federal work spells it out. Under FAR 52.249-10 (Default, Fixed-Price Construction), a contractor that wants a delay excused has to notify the contracting officer in writing of the causes within 10 days from the beginning of the delay, unless the contracting officer extends that. Under FAR 52.242-14 (Suspension of Work), a claim isn't allowed for costs incurred more than 20 days before the contractor notified the contracting officer in writing of the act or failure to act involved.

The practical rule most PMs follow: send notice for every potential delay, right away, even when you don't know the impact yet. You can say the impact will follow. There's rarely a benefit to waiting, and a late notice can cost you the extension.

What causes should trigger a delay notice?

Anything outside your control that pushes the work. Common ones:

  • Differing or unforeseen site conditions
  • Late RFI answers, late submittal reviews or design errors
  • Owner-directed changes, stop-work orders or late access to the site
  • Unusually severe weather (normal weather for the area usually isn't excusable)
  • Late permits or inspections the owner is responsible for
  • Supplier or sub delays that were truly beyond everyone's control

If you're not sure whether it counts, send the notice anyway. A notice you didn't need costs you nothing. A missing one can cost you the extension and leave you exposed to LDs.

What should a delay notice include?

Keep it factual and short. A good notice has:

  1. A clear label. Say plainly that it's a notice of delay under the contract.
  2. The contract clause. Name the section that gives you relief and the notice section you're following.
  3. The date. When the event happened and when you became aware of it.
  4. What happened. Where on site, which work, with drawing, spec or RFI numbers.
  5. The effect. Which activities are hit and whether they're on the critical path, if you know.
  6. Cost and time, or a promise of them. If you don't know the impact yet, say you'll submit it when it can be evaluated.
  7. A reservation of rights. You reserve your right to a time extension and added costs.
  8. Backup. Photos, daily report entries, emails, weather data, the RFI log.

Send it to the person the contract names for notices. That's often not the owner's rep you talk to every day.

Construction delay notice template

Here's a simple structure you can adapt. Replace the brackets with your facts, and have your attorney review your standard language once.

[Date] To: [Name and title named in the contract's notice clause] Project: [Project name, contract number] Re: Notice of Delay under [Section X]

This letter is notice under [Section X] of the contract that [Company] has been delayed by [event]. On [date], while performing [work] at [location, drawing or grid reference], we [what happened]. We became aware of the delay on [date].

This event is delaying [affected activities]. We can't yet determine the full time and cost impact. We'll submit that information within [contract period] or as soon as it can be evaluated.

[Company] reserves its right to an extension of the contract time and to recover added costs caused by this event. Backup is attached: [photos, daily report, RFI number, correspondence].

We're available to meet to discuss ways to reduce the impact.

[Name, title, company] cc: [Others who should get a copy]

How do you deliver a delay notice so it counts?

Use the method the contract's notice clause requires, whether that's email to a named address, certified mail or hand delivery. Then confirm by email the same day.

Keep proof. Save the sent email with its timestamp, or the signed delivery receipt. Then log it: date sent, event, clause, who received it, and where the backup lives. Six months later, when you're pricing the extension or answering an LD letter, that log is what you'll reach for.

What happens after you send the notice?

The notice opens the file. Next steps usually are:

  • Document daily. Your construction daily report should show crews idle or moved, work you couldn't start, and the weather. Write it the day it happens.
  • Update the schedule. Show the impact in your look-ahead and the baseline. Our 3-week look-ahead schedule guide covers how to keep the near-term plan honest.
  • Price it. Track extended general conditions, idle equipment, re-sequencing and escalation separately.
  • Submit the request. Turn the notice into a time extension or change order request with the schedule analysis and costs. Our construction change order process guide walks through that paperwork.

How should GCs handle delay notices from subs?

Your subcontract should require subs to give you notice faster than the prime contract requires you to give the owner, so you have time to pass it up. When a sub's notice comes in, log it, check whether the cause is the owner's or the design team's, and send your own notice upstream inside your deadline. Don't sit on it. If the sub's notice dies on your desk, the extension can die with it.

How CooperBuild AI helps

CooperBuild AI keeps job chat, daily reports, RFIs, schedules and change orders in one place, with full accounting built in. Assistants pull action items like "send delay notice to owner" out of job conversations so they don't get lost, and can draft daily reports from project chat for your team to review. When it's time to price the delay, your job costs are in the same system.

If you want to see it on your own jobs, start a free trial.

FAQ

Is a delay notice the same as a claim?

No. A delay notice tells the other party a delay happened and reserves your rights. The claim or time extension request comes later, with the schedule analysis and the costs.

How soon do I have to send a construction delay notice?

Check your contract's delay, claims and notice clauses, because the deadline varies. On federal fixed-price construction, FAR 52.249-10 requires written notice of the causes within 10 days from the beginning of the delay unless the contracting officer extends it.

Can I send a delay notice by email?

Often yes, but follow the notice clause. Some contracts require a specific address, certified mail or hand delivery. Use the required method, confirm by email and keep proof of delivery.

What if I don't know how long the delay will last?

Send the notice anyway. Say the time and cost impact can't be determined yet, that you'll submit it when it can be evaluated, and that you reserve your rights.

Should subcontractors send delay notices to the GC?

Yes. Subs should give the GC written notice quickly, inside the subcontract deadline, so the GC can pass it to the owner within the prime contract's deadline.

Written by

Adam Hicks, Founder

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