Contract notice deadlines: 5 clocks to check

Key takeaways for what written notice deadlines must a small contractor meet when a delay, a change or an injury hits the site?

1. Delay notice within 10 days. Under the federal delay clause, the contractor notifies the Contracting Officer in writing within 10 days from the beginning of any delay, unless the Contracting Officer extends the time, according to Acquisition.gov (FAR Council).

2. Change cost cutoff at 20 days. Except for an adjustment based on defective specifications, no adjustment is made for costs incurred more than 20 days before the contractor gives the required written notice, according to Acquisition.gov (FAR Council).

3. Mailed notice after three days. A mailed notice counts as received three days after registered or certified mailing, excluding Saturdays, Sundays, and legal holidays, according to Washington State Legislature.

4. Injury entry within 7 days. Each recordable injury or illness must be entered on the Cal/OSHA Form 300 and Form 301 within seven calendar days of receiving information that it occurred, according to California Department of Industrial Relations.

5. Annual summary posting dates. Post the annual summary no later than February 1 of the following year and keep it posted until April 30, according to California Department of Industrial Relations.

Contract notice deadlines: the short answer for delay and change

Your own contract sets your specific clock. Do not assume this federal timeline applies to every private or state project. Check your contract documents for the exact notice period and the named recipient. If your contract is silent, your attorney should advise you on the applicable law.

Open your current contract and write the delay and change notice periods, and who receives the notice, on the first page of the site log.

Who each notice rule covers and where it stops

The 10-day delay notice comes from clause 52.249-10, and the 20-day change cost cutoff comes from clause 52.243-4, not a universal rule for every construction site. The clause titled "52.249-10 Default (Fixed-Price Construction)" on Acquisition.gov states which delay causes meet the clause, and the 10-day notice duty stays with the notice sentence. According to Acquisition.gov (FAR Council), the delay in completing the work must arise from "unforeseeable causes beyond the control and without the fault or negligence of the Contractor." Another version of the same clause on that page states the cause must be "other than normal weather beyond the control and without the fault or negligence of the Contractor." These definitions apply to the federal contract context; your private or state contract sets its own clock.

The role of the Contracting Officer is also defined by this source. According to Acquisition.gov (FAR Council), the Contracting Officer "shall ascertain the facts and the extent of delay." This means the officer reviews the written notice and the evidence you provide to determine if the delay meets the clause's requirements.

Because these rules are tied to the two federal clauses, they do not automatically apply to every job. Missing 52.249-10 removes only the 10-day delay notice, and missing 52.243-4 removes only the 20-day change cost cutoff. You must check your own contract for the specific notice periods and the person who receives the notice. The Washington lien statute and California injury posting rules mentioned elsewhere in this guide also have their own specific jurisdictions and do not apply universally.

The 10-day delay notice and what counts as a covered delay

Under the federal delay clause, the contractor must notify the Contracting Officer in writing within 10 days from the beginning of a delay, unless that period is extended. This specific 10-day window applies to the clause titled "52.249-10 Default (Fixed-Price Construction)" as published by the FAR Council. The clock starts when the delay begins. If the delay extends beyond the initial 10 days, the notice requirement remains tied to that initial start date unless a formal extension is granted.

The 10-day written notice applies to the causes of any delay. The clause specifies that the delay in completing the work must arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, according to Acquisition.gov. This definition creates a two-part test for the superintendent or owner. First, the cause must be unforeseeable. Second, the cause must be beyond the contractor's control. The clause explicitly excludes delays caused by the contractor's own fault or negligence. Fault or negligence goes to the excusable-cause test, not to whether notice applies.

The phrase "unforeseeable causes" is the operative standard in this version of the clause. It does not automatically excuse all weather-related delays. One version of the clause mentions "unforeseeable causes," while another version specifies "other than normal weather." This distinction matters for how you document the event. If the delay is due to a storm that was predicted in the weather forecast for the region, it may not be considered "unforeseeable."

Once the notice is submitted, the Contracting Officer ascertains the facts and the extent of the delay. The notice triggers the Officer's duty to investigate the cause and the impact. The Officer reviews the written notice and any supporting documentation to determine if the delay meets the "unforeseeable" and "beyond control" standards.

The 20-day lookback cost cutoff

When a directed change hits the site, the written notice you send must state that the contractor regards the order as a change order, according to Acquisition.gov (FAR Council). This specific phrasing is required by the clause to formally identify the order as a change under the contract terms. You may include the statement of proposal for adjustment directly in that notice, according to Acquisition.gov (FAR Council). Including the proposal with the initial notice keeps the cost data attached to the specific order that triggered the adjustment request.

The clause sets a hard boundary on which costs can be adjusted. Except for an adjustment based on defective specifications, no adjustment for any change shall be made for any costs incurred more than 20 days before the contractor gives written notice, according to Acquisition.gov (FAR Council). This 20-day cutoff means that only costs incurred more than 20 days before written notice are excluded. The only exception to this exclusion is when the adjustment is based on defective specifications, according to Acquisition.gov (FAR Council).

If the change causes an increase or decrease in the contractor’s cost of, or the time required for, the performance of any part of the work, the Contracting Officer shall make an equitable adjustment and modify the contract in writing, according to Acquisition.gov (FAR Council). This requirement applies whether or not the work was changed by a specific order, according to Acquisition.gov (FAR Council). However, except as provided in the clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change or entitle the contractor to an equitable adjustment, according to Acquisition.gov (FAR Council).

The 30-day period may be varied according to agency procedures, according to Acquisition.gov (FAR Council). Check your specific contract to see if a different period is inserted. Write the date you received the order and the date you sent the notice in your site log to track the 20-day cost window.

Mailed notices, injury entries and posting dates

Mailed notices and injury records run on separate clocks with different jurisdictions. Under RCW 60.04.031, "received" means notice that has arrived by personal service, or by registered or certified mail, or three days after mailing by registered or certified mail, excluding Saturdays, Sundays, or legal holidays, according to Washington State Legislature. This rule applies specifically to the context of that subsection. For new construction of a single-family residence, the notice of a right to claim a lien may be given at any time but only protects the right to claim a lien for professional services, materials, or equipment supplied after a date which is ten days before the notice is given, according to Washington State Legislature.

Injury records follow a distinct timeline under California regulations. You must enter each recordable injury or illness on the Cal/OSHA Form 300 and Cal/OSHA Form 301 Incident Report within seven (7) calendar days of receiving information that a recordable injury or illness has occurred, according to California Department of Industrial Relations. This requirement is tied to the specific forms named in the regulation.

Annual summaries have their own posting window. You must post the annual summary no later than February 1 of the year following the year covered by the records and keep the posting in place until April 30, according to California Department of Industrial Relations. These dates define the required display period for the summary.

Keep these jurisdiction-specific rules separate from your federal contract obligations. The Washington mailed-notice rule and the California injury and posting dates do not apply in every state. Verify which jurisdiction governs your specific project and record type. If you are tracking injuries, check Injury log entry in 7 days and posting to April 30 for related entry procedures.

Write the applicable mailed-notice and posting dates on the first page of your site log.

Illustrative example: delay and change costs

A delay begins. Written notice of the causes goes out 10 days from that beginning. On a separate change, the notice states that the contractor regards the order as a change order. A cost incurred 25 days before that notice draws no adjustment, except for an adjustment based on defective specifications, because that cost is more than 20 days before the notice.

Reference table: notice clocks by publisher

Check your specific contract language against these federal and state examples to identify which clock applies to your current project.

Today, write the notice periods and the recipient on the first page of the site log. See Construction Daily Log Checklist for Supervisors.

FAQ: contract notice deadlines on small sites

What are the main contract notice deadlines for a delay on a job site?

Under the federal delay clause, the contractor must notify the Contracting Officer in writing within 10 days from the beginning of any delay, unless the Contracting Officer extends this period, according to Acquisition.gov (FAR Council). This written notice must describe the causes of the delay.

Does the 10-day delay notice apply to my contract or only to federal contracts?

The quoted 10-day delay notice comes from a federal clause, so it does not automatically apply to every private or state contract, according to Acquisition.gov (FAR Council). Only your own contract sets your specific notice clock.

When does a mailed notice count as received?

For purposes of the Washington lien statute, "received" means notice that has arrived by personal service, or by registered or certified mail, or three days after mailing by registered or certified mail, excluding Saturdays, Sundays, or legal holidays, according to Washington State Legislature. This rule applies specifically to Washington State.

How soon must I enter an injury on the OSHA 300 log after I learn of it?

You must enter each recordable injury or illness on the Cal/OSHA Form 300 and Cal/OSHA Form 301 Incident Report within seven calendar days of receiving information that a recordable injury or illness has occurred, according to California Department of Industrial Relations. This requirement is specific to California regulations.

Can I rely on weather data right after the month ends?

Archive-ready data sources are normally available 45-60 days following the close of a data month, according to NOAA National Centers for Environmental Information. Changes to U.S. data values are rare 60 days after the close of a particular data month, according to NOAA National Centers for Environmental Information.