You’ve been held up on site because the prior trade didn’t finish their screed, or the main contractor failed to give you clear access. You mention it to the site manager, get a verbal promise that “we’ll sort the time out later,” and carry on working. Two months later, your commercial claim for an extension of time and £14,000 in loss and expense gets flatly rejected. Why? Because you missed an amended 3-day notice window buried inside Clause 2.26.
The Legal Mechanism: Standard JCT vs. The Bespoke Condition Precedent Trap
Under an unamended standard JCT Subcontract (DBSub or SBCSub 2016/2024, Clause 2.26), your obligation is to give written notice of delay “forthwith” whenever it becomes reasonably apparent that the commencement or completion of your work is being delayed by a Relevant Event.
In standard forms, failing to notify instantly doesn’t automatically kill your claim; the contract administrator or main contractor must still assess the real effect of the delay. But main contractors almost never issue unamended contracts. Instead, they insert a bespoke Schedule of Amendments turning Clause 2.26 into a strict condition precedent.
“The Subcontractor shall provide formal written notice of delay within 3 business days of the event arising. Strict compliance with this notice provision shall be a condition precedent to any entitlement to an extension of time or loss and expense.”
Under English law, the courts enforce conditions precedent strictly. If your notice lands 73 hours after the delay event occurred on a 72-hour clause, your legal right to extra time is extinguished instantly.
The Real Financial Penalty for Subcontractors
When you sign away your notice protections, you hand the main contractor two commercial weapons:
- Uncompensated Prolongation Costs: You carry the wages of idle fitters, site cabins, and hired plant for weeks without receiving a penny in loss and expense.
- Liquidated and Ascertained Damages (LADs): If the overall project finishes late, the main contractor passes downstream delay damages straight to your account. You can be deducted £2,000 to £10,000+ a week via a Pay Less Notice for a delay you didn’t cause.
The Exact Redline: How to Strike Out the Ambush Before You Sign
Never sign an amended JCT subcontract with a 3-day or 5-day condition precedent notice. When returning your pre-order tender qualifications or schedule of amendments, use this strike-out redline:
| Aggressive Amended Wording | Your Required Redline Fix |
|---|---|
| “Within 3 business days… strict compliance shall be a condition precedent to any entitlement…” | “Delete condition precedent wording entirely. Reinstate standard JCT term: notice to be served within a reasonable time or within 14 business days of becoming aware of the delay.” |
Don’t Sign Away Your Margin: Scan Your Subcontract in 30 Seconds
Commercial teams count on trade contractors skipping the small print. If you have a draft JCT subcontract order or bespoke Schedule of Amendments sitting on your desk right now, run it through my automated scanner before you sign.