1. Recording the delay too late

A delay record is weaker when it is created after the event from memory. The best record is made while the delay is happening or as soon as possible afterwards.

Late records often miss the details that matter:

  • the exact start time
  • the finish time or continuing duration
  • the affected work area
  • who was on site
  • which labour and plant were affected
  • what instruction, access issue, weather event, or design issue caused the delay
  • what evidence existed at the time

A late note may still be useful, but it is rarely as strong as a dated record supported by photos, timesheets, instructions, and site notes from the day.

Weak wording:

Delay occurred last week due to access issues.

Better wording:

Drainage works at the southern trench were delayed on 12 June from 9:30am to 1:30pm because access was blocked by incomplete service relocation works. The excavation crew and 20t excavator could not proceed. Photos, labour allocation, and email confirmation attached.

The second version gives the commercial team something specific to review.

2. Using vague delay notes

Vague notes are one of the fastest ways to weaken a delay record. Phrases like “held up”, “site issue”, “waiting around”, or “delayed by others” do not explain enough.

A useful delay note should answer four questions:

  • What caused the delay?
  • What work was affected?
  • When did it affect the work?
  • What labour, plant, programme, or cost impact followed?

Weak wording:

Crew held up on site.

Better wording:

Four labourers and one operator were held on standby from 10:00am to 12:30pm because the approved excavation permit had not been issued. Planned trenching works in Zone B could not proceed. Supervisor note and permit correspondence attached.

Specific wording does not need to be long. It needs to be clear.

3. Missing start and finish times

A delay claim is harder to support when the record does not show when the delay started, when it finished, or whether it remained ongoing.

Without time records, it becomes harder to calculate:

  • labour standby cost
  • plant downtime cost
  • dayworks duration
  • programme impact
  • sequencing impact
  • remobilisation impact

If the delay is still ongoing, record the start time and mark the finish time as continuing or unresolved. Update it when the delay ends.

Weak wording:

Excavator delayed due to design issue.

Better wording:

20t excavator stood idle from 8:45am to 11:15am while awaiting revised levels for the stormwater pit. Planned excavation could not proceed during this period.

A delay record does not always need a perfect final answer immediately. It does need a clear time trail.

4. Not identifying the actual delay cause

A delay record is weak when it describes the symptom but not the cause. “Crew idle” is a symptom. “Access blocked by incomplete service relocation” is a cause.

Common causes worth recording clearly include:

  • blocked access
  • late design information
  • late material delivery
  • weather stand-down
  • client or head contractor instruction
  • permit or approval delay
  • inspection delay
  • preceding trade delay
  • safety issue or exclusion zone
  • plant breakdown, where relevant

The record should also identify the source of the cause where possible. For example, was the issue caused by an instruction, an RFI response, an access restriction, a site condition, or a missing approval?

Weak wording:

Work delayed because we could not continue.

Better wording:

Kerb preparation works could not continue because the work area was blocked by scaffold materials left in the access path. Photos taken at 7:40am and 10:15am. Site supervisor notified head contractor by email at 7:52am.

The better version separates the delay event from the commercial impact.

5. Grouping labour and plant too vaguely

A delay cost is weaker when labour and plant are grouped into broad lines without quantities, roles, items, rates, or duration.

Weak records look like this:

Item — Cost

Labour and plant delay — $4,800

Better records break the impact down:

Item — Quantity — Duration — Rate — Cost

Labourers — 4 — 3 hours — $75/hour — $900

Leading hand — 1 — 3 hours — $95/hour — $285

20t excavator — 1 — 3 hours — $180/hour — $540

Roller — 1 — 3 hours — $120/hour — $360

Total — $2,085

A breakdown is more useful because it shows how the cost was built. It also helps reviewers check the logic without guessing.

For related cost records, use the Labour Standby Cost Calculator and Plant Downtime Cost Calculator.

6. Not attaching evidence

A delay record without evidence is easier to challenge. The record should not rely only on someone’s memory or a short note.

Useful evidence can include:

  • photos or videos
  • site diary entries
  • labour allocation records
  • plant hire dockets
  • timesheets
  • delivery dockets
  • weather records
  • emails
  • instructions
  • RFIs
  • drawings or design revisions
  • meeting minutes
  • inspection records
  • dayworks dockets
  • delay notices

Evidence does not need to be complicated. A dated photo, a short supervisor note, and an email confirming the issue can make a major difference.

Photos should be explained. A photo by itself may show a machine, a trench, or a wet work area, but the record should explain what the photo proves.

Weak note:

Photo attached.

Better note:

Photo taken at 9:35am shows Zone C access blocked by stored materials. Excavator and pipe crew could not access the planned drainage workfront.

Better wording examples for delay records

Better delay wording is specific, dated, and connected to the affected work.

Weak wording — Better wording

Crew delayed. — Drainage crew delayed from 9:00am to 11:30am because access to Zone B was blocked by incomplete service relocation works.

Weather stopped work. — Heavy rain made the excavation area unsafe for trenching from 7:30am. Crew and excavator stood down. Site photos and weather record attached.

Waiting on design. — Kerb works could not proceed while awaiting revised levels requested under RFI-018. Labour and plant remained on standby from 10:15am to 1:00pm.

Plant idle. — 20t excavator stood idle for 4 hours because the approved permit was not issued for the planned excavation area.

Delayed by others. — Works delayed by scaffold materials obstructing the access route to the northern workfront. Head contractor notified by email at 8:05am.

The aim is not to write a long story. The aim is to remove ambiguity.

Evidence checklist for construction delay claims

Before relying on a delay record, check whether you have:

  • [ ] Date of the delay
  • [ ] Start time
  • [ ] Finish time or ongoing status
  • [ ] Location on site
  • [ ] Delay cause
  • [ ] Affected works
  • [ ] Affected labour
  • [ ] Affected plant
  • [ ] Cost or time impact
  • [ ] Photos or videos
  • [ ] Site diary entry or supervisor note
  • [ ] Instruction, RFI, email, or approval record
  • [ ] Weather record, if relevant
  • [ ] Labour timesheets or allocation records
  • [ ] Plant hire dockets or rate support
  • [ ] Dayworks docket, if relevant
  • [ ] Delay notice, if required

If a record is missing several of these, fix the gaps while the project team still remembers what happened.

Need to check whether your delay record is ready for an EOT claim? Use the free EOT Claim Readiness Checker.

Need to create a structured notice quickly? Use the free Construction Delay Notice Generator.

These tools do not replace contract review or legal advice. They help site and commercial teams create clearer records before relying on them later.

How DelaySolve helps reduce weak delay records

DelaySolve helps subcontractors log delays, cost labour and plant impact, attach evidence, and keep a structured delay record across live projects.

A stronger workflow is:

1. Record the delay while it is happening. 2. Identify the cause and affected work. 3. Add labour and plant impact. 4. Attach evidence immediately. 5. Keep the record ready for dayworks, EOT, variation, or claim review.

Most weak delay records are not weak because the delay never happened. They are weak because the record was too vague, too late, or disconnected from evidence.

FAQs

What weakens a construction delay claim?

A construction delay claim is weakened by late records, vague notes, missing times, unclear causes, broad cost breakdowns, and missing evidence.

Is a site diary enough evidence for a delay claim?

A site diary can help, but it is rarely enough by itself. A stronger delay record also includes affected works, times, labour, plant, cost impact, and supporting evidence.

Why are start and finish times important?

Start and finish times help calculate labour standby, plant downtime, dayworks duration, and programme impact. Without time records, the cost and impact are harder to explain.

What is a good delay note?

A good delay note states the cause, date, time period, location, affected works, affected labour or plant, and evidence attached.

Should delay photos include notes?

Yes. Photos are stronger when the record explains what they show, when they were taken, where they were taken, and how they relate to the delay.