JBCC notice of delay: the 20 working day time limit and the extension-of-time claim

Under the JBCC Principal Building Agreement 6.2 (2018), a delay does not earn you more time on its own. You must tell the Principal Agent in writing, within a fixed number of working days, and then follow up with a properly supported claim. This guide covers both steps.

What the clause requires

When you become aware of a delay you believe entitles you to more time, such as late or incomplete construction information, clause 23.4.2 read with clause 23.5 requires a Notice of intention to claim to the Principal Agent. It must reach the Principal Agent within 20 working days of the date you became aware of the circumstance. The clock does not wait for the delay to end or for you to know its full cost.

The entitlement can cover both time (a revision of the date for practical completion) and cost. Both depend on the notice going in on time.

How the 20 working days are counted

JBCC counts working days, not calendar days. In general that means Monday to Friday, excluding South African public holidays and the builders' year-end break. Check the definition in your signed agreement and whether Saturdays are working days on your project.

The count starts from the date you became aware, not the date the problem first existed. Day one is the next working day. If you are unsure exactly when you became aware, count from the earliest date you could reasonably be said to know.

What the notice should contain

Keep it factual and complete. Include:

• The cause of the delay (for example, the drawings or information that were late or incomplete).
• The date you became aware of it.
• The works and programme activities affected.
• Your forecast of the effect on the date for practical completion.
• The steps you have taken, or are taking, to reduce the delay.

You do not need final figures at this stage. A short notice sent on time is worth more than a detailed one sent late.

The follow-up claim

The notice is followed by the Claim for revision of the date for practical completion under clause 23.5, with the particulars: the working days claimed, a programme showing the effect on the critical path, and any cost. The edition allows 40 working days for this, counted from when the delay ceased, not from the notice.

Where a delay is still running, it is sensible to submit interim particulars rather than wait. Many contractors also work to the stricter date of 40 working days from the notice, so the claim is never at risk.

The Principal Agent's response

Under clause 23.6 the Principal Agent must grant, reduce or refuse the claim within 20 working days of receiving it. Under clause 23.7, silence within that period is treated as a refusal. A deemed refusal is the point at which the contract's dispute resolution provisions become relevant, so diarise that date too.

Worked example

On Wednesday 1 April 2026 the site agent learns that the structural drawings for level 3, due that day, will not be issued for some weeks. The pour is on the critical path.

Assumptions: Saturdays are not working days, there is no builders' break in this period, and the 2026 public holidays apply: Good Friday (3 April), Family Day (Monday 6 April), Freedom Day (Monday 27 April), Workers' Day (Friday 1 May) and Youth Day (Tuesday 16 June).

1. Day one is Thursday 2 April. Skipping the four public holidays, the 20th working day is Tuesday 5 May 2026. That is the last day for the Notice of intention to claim, 34 calendar days after awareness.
2. The contractor sends the notice on Tuesday 5 May. The drawings arrive and the delay ceases on Friday 29 May 2026.
3. Forty working days from 29 May, skipping Youth Day, ends on Monday 27 July 2026. That is the contractual deadline for the claim particulars.
4. Counted conservatively from the notice date, 40 working days ends on Wednesday 1 July 2026. Submitting by then removes any argument about when the delay ceased.
5. If the claim goes in on Monday 27 July, the Principal Agent's 20 working days (skipping the Women's Day holiday on Monday 10 August) end on Tuesday 25 August 2026. No answer by then is a deemed refusal.

What happens if the notice is late

Missing the 20 working day notice means you forfeit the right to a revision of the date for practical completion and to any related cost, leaving you exposed to penalties for late completion even where the delay was not your fault.

Whether a forfeiture applies in a particular case can be argued, but this guide does not predict the outcome of any dispute and is not legal advice. Take advice on your own facts if a deadline has passed.

Check your own contract

The description above follows the standard JBCC 6.2 conditions. Your signed agreement's own amendments, including any Z clauses, special conditions and contract data, govern over the standard conditions. Read them before relying on any period here. More on the JBCC family is at JBCC contracts.

What Sakhani does

Sakhani reads your signed contract, including its amendments, and counts the working days from the date of each event you record. It reminds the people responsible before the notice and claim deadlines fall due and drafts the notice for a person on your team to check and send. See how it works or register to try it on a live project.