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If you are a quantity surveyor (QS) or contract administrator using JCT contracts, you know how quickly projects derail when notice procedures are missed or misworded. Rights disappear, claims fail, and everyone ends up in adjudication before the paint is even dry.
JCT 2024 is here, with tighter notice rules and sharper language. Late or vague notices can strip away entitlements and land you in hot water. This article highlights the key changes you need to know — from time bars and liquidated damages (LDs) to design liability and pay less notices.
JCT notices are not just paperwork. They trigger entitlements for time, cost, and risk. If you get them wrong, your commercial and legal positions can crumble.
The new contracts emphasise strict compliance with notice form, content, and service. They also clarify who issues what, and when. For instance, under the Design and Build 2024 edition, a delay notice under clause 2.19 must be served in ‘clear and unambiguous’ terms, on time, and to the right party.
The same goes for payment notices. If you fail to serve a pay less notice on time, you could end up paying an inflated valuation. JCT 2024 tightens these procedural traps, so you need to adapt fast. Wait too long, and your cash flow can take a big hit.
JCT 2024 leaves minimal wiggle room. A notice must be clear and served correctly, by the deadline set out in the contract. If any element is off, your notice could be ignored entirely.
Clause 2.19 (JCT Design and Build Contract 2024) requires that delay notices specify the cause of the delay, its expected impact, and the possible consequences. Do not just say ‘rain affected the programme.’ Show which trade, which activity, and how completion is impacted.
Clause 4.12 imposes a similar standard for payment notices. You must include the amount due, how you calculated it, and the payment period. Skipping a line item or providing only a vague sum can invalidate the notice.
Even a flawless notice is worthless if you send it the wrong way. JCT 2024 requires notices to follow the delivery methods stated in the Contract Particulars or Schedule 1. That often means post to a registered address or delivered by hand. If email is not named as a valid method, it is not valid service.
Most JCT clauses set specific deadlines for serving notices. If you miss a time bar, your entitlement can vanish. EOT notices under clause 2.19 must be served ‘forthwith’ once you spot a delay event. That means as soon as you know it exists, not after the next site meeting.
On a project in Leeds, a QS served a delay notice four days after steel delivery slipped. The employer enforced LDs anyway, simply because the notice was late.
JCT 2024 makes time bars a hard line. Miss the window to serve a notice, and your entitlement is gone. No excuses, no grace, no workaround.
Extension of time (EOT) notices must be served promptly and include the cause of delay and its knock-on effects. Fail to issue a notice on time, and you lose the entire EOT claim. The contract is strict. Delay is not enough to justify extension if you have not followed the procedure.
Miss a deadline, and the contract treats it like you accepted the other side’s position. An overdue payment notice can force the employer to pay the contractor’s full claim. A late pay less notice means you cannot reduce the sum due.
On complex projects with multiple trades, manual trackers often fail. One missed EOT notice can cost hundreds of thousands of pounds. On a £12 million fit-out, a project manager was off sick, and the team overlooked three EOT notices. That slip led to LDs worth £400,000.
If static spreadsheets cannot keep up, you need automated alerts that link deadlines to the relevant clauses. Human memory is risky business.
Under JCT 2024, LDs do not apply automatically. You must follow a three-step notice process, or your deduction will not stand. Each notice must be clear, served by the right method, and on time.
This confirms that the contractor missed the completion date. The contract administrator issues it once practical completion clearly has not been achieved. It must be based on verifiable facts. No guesswork.
Next, the employer must issue a standalone notice declaring that they intend to apply LDs. It must reference the relevant clause, the reason, and the period of delay. Burying it in a monthly report is not good enough.
The final step is a notice stating the amount to be deducted, including the rate and the period. It should be crystal clear and served the way the contract demands. One missing link breaks the whole LD claim.
‘We will deduct liquidated damages at £1,200 per day for 3rd to 10th of Oct, 2025, totalling £9,600, in line with clause 2.31.’
If the contract calls for postal service but you only email this notice, you have not complied. The deduction can fail.
Design risk is not new for main contractors, but JCT 2024 pushes them to own more responsibility. If you manage any design elements — or rely on subcontractors who do — be clear on who designs what, how, and to which standard.
In design and build contracts, the contractor is responsible for all design they propose. That includes finishing an employer’s outline concepts or performance specifications. If the brief is vague, the risk often lands squarely on the contractor.
JCT 2024 expects you to document any subcontractor design responsibilities in writing. If your instructions are informal or incomplete, you could be blamed if the design fails or incurs delays. Keep records of who designed what, and when changes were made.
The default standard is reasonable skill and care. However, once you promise a guaranteed outcome — for example, a specific performance rating — you move into fitness for purpose. That can expose you to liability even without direct negligence. Notably, a new clause in JCT 2024 clarifies that fitness for purpose obligations are excluded, addressing concerns raised by recent case law.
Most professional indemnity insurance does not cover fitness for purpose claims in full. So do not sign up for unrealistic performance guarantees without checking your cover first.
JCT 2024 has not overhauled payment rules, but it has tightened the screws. The timings, notice format, and service requirements are more explicit than ever. A single slip can lead to an overpayment that you cannot claw back.
Under clause 4.12, the payer must issue a payment notice within five days of the due date. List the sum due and how you calculated it. If the notice is late or missing, the contractor’s application becomes binding — regardless of whether it is inflated.
A pay less notice lets the employer reduce the amount to be paid. To be valid, it must be its own document, served before the final date for payment. It must include the new amount due and the supporting calculation. If you send it late or in the wrong format, it is invalid.
Payment disputes often result from delayed or incorrectly served notices. Common errors include missing the five-day deadline, failing to detail the calculation, or emailing a notice when the contract requires post.
On a job in Birmingham, the employer sent a pay less notice by email, but only postal service was agreed. The contractor challenged it, and the full amount was paid. That was not a question of work done — just the wrong service method.
What is meant by a JCT notice? A JCT notice is a formal written communication issued under a specific clause of the contract. It must follow the contract’s rules on content, timing, and service. If it falls short on any of these points, it might be considered invalid.
Are multiple notices required for liquidated damages? Yes. You need one notice of non-completion, a second stating intent to deduct, and a third confirming the daily rate and total sum. If one is missing, your LD claim can collapse.
Is design liability changed significantly from previous JCT versions? The default liability remains reasonable skill and care unless the contract pushes it to fitness for purpose. The main shift is that JCT 2024 calls for more clarity on scopes and design responsibilities, especially if subcontractors handle specialised elements.
Following JCT clauses is the baseline. The real challenge is issuing notices consistently across multiple trades and deadlines, without missing a beat. Projects rarely fail because you did not know the rules — they fail because someone forgot or delayed a notice.
ProcurePro helps head contractors manage notices without relying on fragmented trackers or guesswork. It flags critical deadlines, centralises contracts, and makes it easier to comply with JCT 2024. You can focus on moving from The Old Way to The New Way — and spend less time worrying about missed notices.
James Metcalfe
