Most standard form building contracts emphasise the resolution of time and money issues as they arise. The NEC Engineering and Construction Contract leads the field in this regard. Prompt notification of issues, early warning meetings and mutual co-operation are central to how it works. The JCT contracts are slightly less prescriptive on this point, but they still require a contractor to give immediate notice if it becomes aware of any likely delay to progress.

The NEC contains a well-known time bar or condition precedent that applies to many of its compensation events. If the contractor relies upon an event other than an instruction, it must give notice within eight weeks of becoming aware that the event has happened. If it fails to do this, it loses the right to claim for the compensation event altogether. The employer’s (or client’s, in the terminology used in the form) project manager can also be made to deal with claims promptly. In default, various “deeming” provisions in the contract can make its life very uncomfortable.

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