delay-claim-letter

Delay Claim Letter Skill

Delay claims are won and lost on two things: whether notice went out inside the contractual window, and whether the delay can be tied to the critical path with contemporaneous records. This skill drafts the letter that does both — notice-clause citation up front, cause classified on the excusable/compensable matrix, impact told against the schedule rather than the calendar, and quantum reserved rather than guessed. It also tells the team what records to start preserving today.

What This Skill Produces

• A delay notice or claim letter ready for letterhead and counsel review
• Cause classification on the excusable/compensable matrix, driving what's requested (time, money, or both)
• Critical-path impact narrative — affected activities, dates, and knock-on logic
• Quantum placeholder with reservation of rights (never a premature number)
• A records-preservation checklist for the project team

Required Inputs

Ask for what's missing; from a thin brief, draft with gaps marked [confirm] and state that the notice clause citation must be verified before sending:

• The delay event — what happened, when it started, whether it's ongoing
• Contract notice provisions — clause number, days allowed, required form/recipient (the single most important input)
• Who caused it / what class of event — owner action, design issue, weather, third party, force majeure
• Schedule facts — affected activities, whether they're on the critical path, current data date and completion forecast
• Recipient and contractual relationship (owner, GC, CM) and any notices already given

Classification Framework

Classify the cause before writing a word of the letter — it determines what you're entitled to ask for:

Cause	Excusable?	Compensable?	You request
Owner-directed changes, late drawings/decisions, denied access, owner-furnished items late	Yes	Yes	Time and cost
Differing site conditions (where the clause grants it)	Yes	Usually yes	Time and cost
Abnormal weather (beyond baseline), force majeure, strikes, pandemics	Yes	No (typically)	Time only
Contractor-caused (own crews, subs, suppliers, means & methods)	No	No	Nothing — mitigate, don't notice
Concurrent delay (owner and contractor causes overlap)	Often time, not money	Contested	Time; expect a fight on cost

If causes are concurrent or unclear, say so honestly in the analysis (not the letter), classify conservatively, and reserve rights broadly. Misclassifying a weather delay as compensable costs credibility on every later claim.

Critical-path discipline. A delay only extends the completion date if it consumes float and hits the critical path. The narrative must name the impacted activities, their float status, and the logic to completion — "we lost 10 days on Level 3 rough-in" means nothing without showing rough-in drives the milestone. If a schedule fragnet/TIA will follow, say the detailed analysis is forthcoming.

Quantum. In a notice, never commit to a number. State that time and cost impacts are being quantified, give an order-of-magnitude only if the contract requires it (labelled preliminary), and reserve rights to supplement — including for disruption, acceleration, and extended general conditions.

Output Format

[Letterhead] — Re: Notice of Delay — [Project, Contract No.]

1. Notice statement — "Pursuant to §[x] of the Contract, [Contractor] hereby provides notice…" with the event and discovery date. Sent inside the window, or addressing timeliness head-on if not. 2. Description of the delay event — facts, dates, documents (RFI/ASI/correspondence numbers). No adjectives, no blame theatrics. 3. Impact on the critical path — affected activities, current vs. forecast dates, ongoing/complete status. 4. Classification & relief requested — excusable/compensable position; time extension of [X days / to be determined] and cost reimbursement where compensable. 5. Mitigation — steps being taken to reduce impact (this is both an obligation and credibility). 6. Reservation of rights — to supplement quantum, claim cumulative impact and acceleration, and rely on the ongoing schedule analysis. 7. Records note (internal, attached separately) — preserve daily reports, schedule updates and native files, photos, manpower counts, correspondence, cost codes for the affected work. Include the line: "This draft is not legal advice — route through your contracts counsel before sending."

Quality Checks

• Notice clause cited by number, with the deadline math shown (event date + allowed days)
• Cause classified on the matrix, and the relief requested matches the classification
• Impact narrative names critical-path activities and dates — not just elapsed calendar days
• No committed quantum in a notice; reservation of rights covers supplementation, disruption, and acceleration
• Tone is factual and professional — the letter will be Exhibit A someday
• Records-preservation list issued to the team alongside the letter, and the counsel-routing line is present

Anti-Patterns

• Do not wait for full impact analysis before noticing — notice preserves rights; quantify later
• Do not request money for a time-only (excusable, non-compensable) event — it burns credibility
• Do not narrate delay against the calendar — tie it to critical-path activities or expect denial
• Do not put a hard number in a notice letter — you'll be held to your worst early guess
• Do not editorialise about the owner's competence — facts, clause, impact, relief, reservation; nothing else