What is a time bar in a construction contract?
A time bar is a clause that makes an entitlement, such as more time or more money, depend on a notice given within a set period. The consequence of missing it is set by the contract. In the ACT Government's modified GC21 (Edition 2), if the initial notice of delay is given later than 7 days after the delay starts, the contractor's extension of time entitlement is reduced by one day for each day the notice is late. Other contracts treat late notice differently, so the consequence has to be read from each contract you sign, including subcontracts you issue.
How do you build the register from the contract?
Do this at award, while the contract is fresh, and have a second person check it. The register entry for each contract should capture what triggers a notice, what it must contain, who receives it, how it must be sent and when updates are due. Record the clause numbers so anyone can check the source. Where a subcontract allows a longer notice period than the head contract for the same kind of event, note the gap, because a subcontractor's late notice can leave too little time to notify upstream.
- Notice trigger: when a delay starts, or when the contractor becomes aware of it.
- Deadlines for the initial notice, the claim and any updates.
- Required contents, such as cause, steps to minimise and program evidence.
- Recipient and method: the named representative and the notice address in the contract.
- Any rule on concurrent delays or days that do not count.
What does a worked example look like?
Clause 50 of the ACT modified GC21 gives a contractor an extension of time if it is delayed by a cause beyond its control, the delay is to an activity on the critical path of the current contract program and work is proceeding in accordance with that program. The initial notice, due within 7 days, must set out the cause, the steps to minimise the delay and the relevant facts, with a copy of the program verified as current at the start of the delay. The claim must be submitted within 28 days of the start of the delay and updated every 28 days while it continues.
Hypothetical example: a consultant's late RFI response holds up a slab pour, and the delay is logged on day 0. Under GC21-style terms the initial notice is due by day 7 and the claim by day 28, with updates every 28 days after that. Whether those are calendar or business days is a question for the contract's definitions.
Why do delays get noticed too late?
A delay can go unnoticed until the program slips, weeks after the event that caused it. The cause often sits in a document nobody has read closely: an RFI response that changes a detail, an approval that arrived late, a site diary note about a crane breakdown. A weekly review of RFI responses, diary entries and correspondence for possible delay events catches most of these while the notice period is still open. The review should log each possible event with a start date for the project manager to confirm or dismiss.
What changed for time bars in Victoria in 2026?
Victoria's Building and Plumbing Commission says amendments to the Security of Payment Act took effect on 15 April 2026. Under them, a notice-based time bar affecting payment, an extension of time that affects payment, or release of a performance security may be found unfair by an adjudicator, court, arbitrator or appointed expert if compliance is not reasonably possible or would be unreasonably onerous. The BPC says the changes apply to all construction contracts from that date, including contracts entered into earlier, subject to transitional provisions. Treat this as a possible argument in a later dispute. Keep giving notices on time, and take legal advice on any Victorian contract.
Where does software fit in EOT administration?
Software can extract the notice clauses from each contract at award into the register, scan RFI responses, diary entries and emails for possible delay events, track every deadline and draft the initial notice with the facts and program attached for the contract administrator to review. It cannot decide whether a delay is on the critical path, whether the cause is beyond your control or whether to make a claim. Those decisions belong to the project manager, the planner and the contract administrator, who also sign and send the notice.