What is a construction delay claim?

A construction delay claim is a request for an extension of time, additional cost, or both, caused by a delay event you are not responsible for. Common triggers include late access, late design information, variations, weather and stand-down, and disruption to your planned sequence.

A delay claim usually has two parts: the time impact (you need longer to finish) and the cost impact (idle labour, standing plant, extended supervision, remobilisation). You may be entitled to one, the other, or both, depending on the cause and your contract.

When can a subcontractor claim?

You can generally claim when three things line up:

  • The delay was caused by an event the contract treats as your entitlement, not your own fault.
  • You gave notice within the time and form the contract requires.
  • You can show the actual impact with records, not estimates.

Missing any one of these is where most claims fail. The entitlement might be real, but a late notice or thin records can sink it.

How to make a construction delay claim, step by step

1. Serve the delay notice on time. The notice is the trigger for the whole claim. Record the cause, the date it started, the works affected, and the likely impact. Use the Construction Delay Notice Generator to produce a clear notice quickly, and see what a delay notice should include.

2. Record the cause and the works affected. Be specific. "Bad weather" is weak; "site closed for the concrete pour on 12 June due to 18mm rainfall, Zone 2 formwork crew stood down" is strong. See the delay records every subcontractor should keep.

3. Capture the day-by-day impact. A claim is built from daily records, not one summary. Each day, note which resources were affected and for how long.

4. Quantify the cost. Price the labour standing idle and the plant sitting on site. The Labour Standby Cost Calculator and Plant Downtime Cost Calculator give you defensible figures, and the delay costs subcontractors miss covers the ones that get left out.

5. Check the claim is ready before you submit. Run it through the EOT Claim Readiness Checker to find gaps in notice timing, evidence, and programme impact before it reaches the commercial team.

6. Submit with matched evidence. Attach the records that prove each part of the claim — notices, diaries, photos, instructions, and cost workings — and reference them clearly.

Evidence to keep

A delay claim is only as strong as the evidence behind it. Keep:

  • the delay notice and any contractual correspondence
  • daily site diaries showing the affected works
  • photos and videos with date, time, and location
  • instructions, RFIs, and variation directions
  • labour and plant records (who, what, how long)
  • cost workings for standby and downtime

Worked example

Example only — use it as a structure guide, not as fact. A subcontractor is delayed when design information for Zone 2 arrives nine days late. They serve a delay notice the same day, record each day the formwork crew and a 14t excavator are held, price the standby and downtime, and submit a claim for nine days' extension of time plus the idle labour and plant cost. Because the notice was on time and every day was recorded, the claim is straightforward to assess.

Common mistakes that weaken delay claims

The biggest mistake is leaving the claim until the end and rebuilding it from memory. Others include vague cause descriptions, missing notice deadlines, no daily records, and unpriced cost impact. See the common mistakes that weaken construction delay claims for the full list.

Construction delay claim checklist

Before you submit, confirm you have:

  • a delay notice served within the contract timeframe
  • a clear, specific cause
  • the works and resources affected, recorded daily
  • programme impact (how much time)
  • priced cost impact (labour, plant, and other costs)
  • supporting evidence attached and referenced

If you cannot show the cause, the impact, and the evidence, the claim is not ready.

Build your claim while the delay is live

The free DelaySolve tools help you serve notices, cost labour and plant impact, and check claim readiness in minutes. On live projects, DelaySolve helps subcontractors log delays, attach evidence, and keep a structured delay record as events happen — so the claim is already built when you need it.

FAQs

What is a construction delay claim?

A construction delay claim is a subcontractor's formal request for extra time, additional cost, or both, caused by a delay event outside their control and supported by notices and site records.

What is the difference between a delay notice and a delay claim?

A delay notice is the early warning that flags a delay event as it happens. A delay claim is the later, evidenced request for time and cost that the notice makes possible.

How long do I have to submit a delay claim?

It depends on your contract. Most contracts set strict notice and submission timeframes, so check the relevant clauses early — missing them is a common reason claims fail.

What evidence do I need for a delay claim?

Notices, daily site diaries, dated photos, instructions and RFIs, labour and plant records, and clear cost workings for any standby or downtime.

Can a subcontractor claim delay costs as well as extra time?

Often yes. A delay can entitle you to an extension of time, to delay-related costs such as idle labour and standing plant, or to both — depending on the cause and your contract.