Example: JCT DBSub/C 2016
Clause 2.17: This provision concerns the Sub-Contractor’s notice of delay. Check the executed subcontract for the exact notice requirements, including the trigger, content, recipient and method of service.
Clause 2.19: This clause identifies Relevant Sub-Contract Events in the DBSub/C 2016 form. Do not assume an event qualifies unless it is covered by the signed contract and any amendments.
Clause 3.7: This provision concerns directions given other than in writing. Check the executed wording to establish who must confirm a direction, how it must be confirmed and any time limit. A subcontractor’s own record is useful evidence, but does not by itself prove that a valid contractual instruction was issued.
Notice deadlines: Do not assume a universal 3-, 5- or 7-day period. A bespoke amendment may set a different deadline. Check when the period starts and how the contract counts days.
Loss and expense: Check the applicable provisions and notice procedure in the signed subcontract. A delay notice should not be assumed to replace any separate notice required for loss and expense.
Why the exact wording matters
A clear condition-precedent provision may affect entitlement if its requirements are not met. Its effect depends on the exact drafting, the type of claim, the notice served, the amendments and the surrounding facts. A missed deadline does not, by itself, establish the outcome of every extension-of-time or loss-and-expense claim.
Payment notices and liquidated damages
Section 111 of the Housing Grants, Construction and Regeneration Act 1996 concerns payment of the notified sum and notices of an intention to pay less. It does not itself create an entitlement to liquidated damages. Any entitlement to damages depends on the subcontract, while any withholding or deduction must also be checked against the applicable payment-notice requirements.
Practical checks before serving notice
- Identify the exact subcontract form, edition and amendments.
- Check the event that starts the notice period and the deadline.
- Confirm what the notice must say, who must receive it and how it must be served.
- Keep dated records of the delay, its cause and its effect on the works.
- Serve any separate notice required for an extension of time or loss and expense.
- Record oral directions promptly, but do not assume a record makes them a valid instruction.
This guide provides general information, not legal advice. Check the signed subcontract and obtain advice based on the actual contract and circumstances before relying on a notice or pursuing a live claim.