ABSTRACT
The contractor must give notice to the architect that there is delay to the works. This notice must be given to the architect, except under DB2005, where it is to be given to the employer’s agent unless the employer has stated that it is to be given to the employer directly. If the architect considers that the contractor is in delay because of their own default, and that the delay is increasing, this can be a sign of the contractor falling into financial difficulties and being unable to pay their subcontractors to continue working on site. The consequences of failing to give adequate notice of delay have been explored in decisions both in England and other Commonwealth jurisdictions. The notice of delay should not only be in writing, and given to the correct person, it should also contain the information required by the contract.
