ABSTRACT
The Technology and Construction Court (TCC) in London dealt with this issue and held that the 28-day period for notifying a claim for Extensions of Time only begins following the onset of any actual delay which flows from the event or circumstance which caused it. The court then commented that the January letter would have been a good notice for any critical delay caused or to be caused by the contaminated ponded water, but there was in fact no critical delay caused by ponding, and the contractor was actually delayed in critical work in late November and early December 2010 by the unusual weather and accordingly had failed to give notice of this within 28 days of becoming aware, or of when it should have become aware, of it. In most large infrastructure projects, the contractor is a multinational company and/or a consortium of multinational and local companies all working together to perform the contract.
