Reasonable time for notices and information

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How is a contractual requirement to act within a reasonable time assessed?

Circumstances, contractual purpose and practical prejudice

There is no fixed universal period. Reasonableness is assessed objectively from the contract, the purpose of the obligation and all relevant circumstances at the time performance was required.

Quick answer

Reasonable time is fact-sensitive and must allow the contractual process to work effectively

For a claim notice, ask when the claimant knew enough to notify, what investigation and mitigation the notice was intended to permit, and whether delay left the decision-maker able to form the required opinion. For information release, consider the request, actual progress, design complexity, outstanding inputs, variations and the contractual completion date. A clause requiring action "as soon as possible" or before work may impose a stricter standard than a general reasonable-time obligation.

IssuePosition
No stated number of daysObjective reasonable-time test applies
Claim noticeMust arrive while competent assessment remains possible
Information requestMust allow reasonable production and coordination time
Advance-work noticeMay require notice before commencement
All circumstancesContract purpose and project knowledge are relevant
Section 1

No abstract number

Reasonable time cannot be converted into a standard number of days without the clause and facts. The same period may be reasonable for an emerging disruption claim and unreasonable for urgent information needed before a concrete pour.

Section 2

Purpose informs the period

Notice clauses permit investigation, mitigation, record keeping and financial control. Information duties support planned progress while allowing reasonable design production and checking. The time allowed should enable that contractual purpose.

Do not wait for final quantum to notify

Where the event and likely effect are known, give the initial notice and update particulars later if the contract permits.

Section 3

Merton: competent assessment remained possible

London Borough of Merton v Stanley Hugh Leach Ltd(1985) 32 BLR 51

A reasonable-time application should not arrive so late that the decision-maker can no longer form the competent opinion required. Existing project knowledge and the ability to request further information were also relevant.

Section 4

Stricter prompt-notice wording

Kier Construction Ltd v Royal Insurance (UK) Ltd[1992] 30 ConLR 45

Under the recorded policy, a notice given several weeks after it should have been made did not satisfy an obligation to notify as soon as possible.

Hersent Offshore SA v Burmah Oil Tankers Ltd(1978) 10 BLR 1

The claim failed where notice, required before the additional work or as soon thereafter as practicable, was delayed until completion.

Section 5

Information release reasonableness

Neodox Ltd v Swinton and Pendlebury Borough Council(1958) 5 BLR 34

Reasonable information time considered the contractor, engineer, staff and employer, as well as sequence, requests, variations and the contractual completion period.

Section 6

Notice factors

FactorQuestion
KnowledgeWhen were the event and likely entitlement reasonably apparent?
UrgencyHow quickly could mitigation or investigation occur?
ComplexityWhat initial detail could reasonably be assembled?
Project knowledgeWhat did the recipient already know?
RecordsWere contemporaneous facts still available?
Contract purposeWhat decision or protection was notice intended to enable?
Section 7

Information factors

FactorQuestion
Request dateWhen was a clear request first made?
Need dateWhat activity and lead time support it?
Actual progressWas dependent work genuinely approaching?
Design complexityWhat coordination and checking were reasonable?
InputsWere employer or third-party decisions outstanding?
ChangeDid a variation create the information need?
Section 8

Prejudice is evidence, not a universal cure

Whether late action impaired investigation or decision-making can inform reasonableness. It does not automatically excuse non-compliance with an absolute time bar or a clause prescribing a stated consequence irrespective of prejudice.

Section 9

Continuing events

For continuing delay or disruption, the contract may require an initial notice followed by periodic updates and a final account. Each obligation should be timed separately rather than postponing all notification until the effect ends.

Section 10

Decision record

A rejection should state the trigger date, elapsed period, clause purpose, information available, practical impact of delay and why the timing was unreasonable. A bare assertion that the notice was late is difficult to test.

Section 11

Practical sequence

1

Identify the precise wording and stated consequence.

2

Determine when the obligation was triggered.

3

Record what each party knew at that time.

4

Assess purpose, urgency and complexity.

5

Serve an early protective notice where uncertainty remains.

6

Update details and records as the event develops.

7

Give a reasoned decision based on the actual circumstances.

Section 12

Authorities

AuthorityYearWhat it decides
London Borough of Merton v Stanley Hugh Leach Ltd(1985) 32 BLR 51Reasonable timing preserved the ability to form the required competent opinion.
Kier Construction Ltd v Royal Insurance (UK) Ltd[1992] 30 ConLR 45Recorded delay failed an as-soon-as-possible requirement.
Hersent Offshore SA v Burmah Oil Tankers Ltd(1978) 10 BLR 1Notice after completion failed the recorded advance or prompt-notice condition.
Neodox Ltd v Swinton and Pendlebury Borough Council(1958) 5 BLR 34Reasonable information time depended on all participant and project circumstances.
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Note
This page states the position on the authorities listed as at 13 July 2026. Enforceability depends on the clause, contractual setting, facts and applicable law. This material is provided for educational and professional development purposes only and does not constitute legal advice. Always consult qualified professionals before acting. SCCSI and its contributors accept no liability for reliance on this material.