The requirements of a competent claim in the ambit of the JBCC Principal Building Agreement (6.2 Edition, MAY 2018) are as follows:

1.  The Contractor’s claim must comply with the provisions of Clause 23.6.1, 23.6.2 and 23.6.3 of the JBCC 2018 viz:
• The relevant clause upon which the Contractor relies – Clause 23.1, 23.2 or 23.3?
• The cause and effect of the delay to practical completion must be demonstrated on the current critical path programme (in our experience, this is the area where many claims suffer an early death as the programme is either non-existent, outdated and never properly updated as when issues arise)
• The length of extension of time claimed and the basis of calculation

There is no requirement for the Contractor to calculate the additional preliminary and general costs associated with the extension of time claimed as the adjustment should be determined by the Principal Agent.

Clause 23.5 requires the Contractor to submit his claim within 40 working days, or such extended period the Principal Agent may allow, from when the Contractor is able to quantify the delay in terms of the programme. It is to be noted that there is no sanction or penalty for a Contractor’s failure to comply with the 40 working days,
in other words, no time-bar on the submission of the claim.

However, in terms of the notice provisions there is a time-bar provision:

“Within twenty (20) working days of becoming aware, or ought reasonably to have become aware of such delay, give notice to the principal agent of the intention to submit a claim for a revision to the date for practical completion, failing which the contractor shall forfeit such claim” (emphasis added)

A Contractor should never hold back on submitting contractual notices as such notices properly forewarns and do not always result in a claim. Notices should therefore rather be welcomed by the Principal Agent than being opposed, as a notice is in essence issued for the sake of mitigating delays and the resultant associated costs.