RICS distinguishes the assessment of time entitlement from the separate financial consequences of delay. [1]
Agree a programme that shows decisions as well as work
Before signing, ask for the proposed start, principal work stages, inspection points and completion date. Add the dates by which information, client selections and specialist orders must be ready. The purpose is to expose dependencies while they can still be managed, not simply to create a bar chart for display. RICS’s time guidance emphasises the relevance of programme information and records when assessing delay. [1]
Identify which date is the contractual completion date and which dates are working forecasts. Keep an agreed baseline and later revisions so a changed forecast does not silently become an agreed amendment to the contract.
Check the contract’s reasons and procedures
An extension of time depends on the events recognised by the signed contract and any required notices and assessment. Do not assume that every period of bad weather, supplier failure or shortage gives the same entitlement under every form. JCT’s discussion of its 2024 design & build contract identifies specific changes to its time and financial provisions; those changes are not universal rules for all building contracts. [2]
If the builder requests more time, ask for the event, when it happened, the activities affected and the connection to completion. Request a proposed recovery or revised sequence where appropriate. Avoid accepting a new finish date without understanding the reason.
Record client changes properly
Changing a specification or delaying a decision can affect procurement and the sequence of work. Agree how the contract will address the price and time consequences before instructing a change where possible. RICS’s change guidance addresses identifying and valuing contractual changes rather than treating every alteration as an informal favour. [3]
Keep a decision log with the request, required response date, actual response and agreed consequence. A dated record is more useful than a later disagreement about who mentioned something on site.
Respond to delay while the project is running
At progress meetings, separate completed work, current obstacles, required decisions and the next actions. Ask the contract administrator or other appointed adviser to address formal time applications under the actual appointment and contract. Do not assume a site meeting itself grants contractual relief. [1]
For consumer contracts without an agreed completion time, the Consumer Rights Act requires performance within a reasonable time. That is not a replacement for a clear programme, and what is reasonable depends on the circumstances. Obtain advice where delay leads to a dispute about withholding payment, termination or compensation. [4]