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Construction notice of delay letter generator

A notice of delay is the letter that keeps a late job from becoming your problem. It tells the owner or general, inside the time your contract allows, that your work has been held up, why, and that you want the days and the money back. Fill in the clause and the date the delay began, and the tool works out when the notice is due and drafts the letter.

Two letters, not one

Send the first letter while the delay is still running. Send a second when it ends, with the final day count and the priced request.

Why the notice clause decides the claim

Almost every construction contract has a clause that says, in some form, that you must give written notice of a delay within a set number of days or lose the right to more time and money for it. The work can be late through no fault of yours and the claim can still die, because the paper did not go out in time. Owners and generals know this. When a job runs long, the first thing anyone checks is who sent notice and when.

Federal contracts show how hard the rule is. Under FAR 52.249-10(b), a contractor is protected from default and delay damages for an excusable delay only if it notifies the Contracting Officer in writing of the causes within 10 days from the beginning of the delay. Under FAR 52.242-14(c), a claim for an unreasonable suspension or delay cannot recover costs incurred more than 20 days before the written notice. Every day you wait is a day of cost you cannot bill. Private contracts set their own periods, so the number that binds you is the one in your contract's notice clause. Put it in the tool and it gives you the date.

A phone call, a line in the meeting minutes, or a comment on the daily report is not notice unless your contract says it is. Some courts excuse a late letter when the owner plainly knew. Do not build your claim on that.

What to put in writing

Notice of delay letter, contents
ElementWhat to writeWhy
ClauseThe article number and contract it is given underShows the notice was given the way the contract asks.
Start dateThe day the delay began, or the day you first knewThe notice clock runs from here. Count from the earlier date.
CauseRFI number, drawing, grid line, who directed what“Delays on site” proves nothing. A named cause can be checked.
StatusOngoing, or ended on a stated dateAn ongoing delay gets a second letter when it ends.
ImpactEstimated days, labelled as an estimatePuts a number on the table without locking you to it.
TimeA request to extend the contract timeWithout it you can be held to the old finish date.
CostA reservation of delay costs, priced laterKeeps the money claim alive while the effect is unknown.
MitigationWhat you moved, held or resequencedAnswers the first defence: that you could have avoided it.

Send it to the person and address your contract's notice provision names, by the method it names. If it says certified mail, an email alone may not count. Keep the receipt and the sent email together with the letter.

How a delay notice gets you paid

A delay costs money even when nobody is working. Your superintendent, trailer, rented lift and insurance all run by the day, and the job now needs more days. Those are your extended general conditions. They come back to you only through a change order, and a change order for delay is only as strong as the notice behind it. The notice is the first page of the invoice you send later.

Worked example: an RFI delay from notice to change order
DateClockWhat happens
Oct 6Day 0RFI 031 submitted. Level 2 duct mains stop.
Oct 9Day 3Notice of delay sent. Ongoing, about 10 days estimated, costs reserved.
Oct 13Day 7Contract notice period ends. Notice already on file.
Oct 19Day 13RFI answered. Crew back on level 2. Delay ends.
Oct 22Day 16Second letter: final days, priced change order request.

Price the delay as its own change order request with the change order form generator, and attach both notice letters. Once it is approved, it becomes a line in your schedule of values and gets billed like any other work. Whether the general can hold that money until the owner pays is a question for your payment terms, not your delay clause.

If the delay turns into a payment fight, follow the escalation ladder rather than stopping work on your own. When the money is approved and still not paid, the notice of intent to lien is the next letter. On federal and many public jobs, work out the interest owed on a late payment with the prompt payment interest calculator.

A delay notice does not stop any lien clock

Your lien and bond deadlines keep running while you argue about the schedule. A delay letter protects your time and cost claim under the contract. It does nothing for your lien rights. Check those separately with the deadline calculator.

Sources

  • FAR 52.249-10(b)

    On a fixed-price federal construction contract, the right to proceed is not terminated and no delay damages are charged for an unforeseeable delay beyond the contractor's control, but only if the contractor notifies the Contracting Officer in writing of the causes within 10 days from the beginning of the delay (unless extended).

    Read 2026-10-18

  • FAR 52.242-14(c)

    A Suspension of Work claim is not allowed for costs incurred more than 20 days before the contractor notified the Contracting Officer in writing of the act or failure to act (this does not apply to a written suspension order), and the claim, in a stated amount, must be asserted in writing no later than final payment.

    Read 2026-10-18

  • FAR 52.243-4(b), (d), (e)

    For a change ordered other than by written change order, the contractor must give written notice stating the date, circumstances and source of the order; no adjustment covers costs incurred more than 20 days before that notice (except defective specifications), and the right to an adjustment must be asserted within 30 days unless extended.

    Read 2026-10-18

  • FAR 52.236-2(a), (c)

    The contractor must promptly, and before the conditions are disturbed, give written notice of differing site conditions; no equitable adjustment is allowed unless that written notice was given.

    Read 2026-10-18