What is a time bar clause and does it hold?
A time bar clause says you lose a right to claim if you do not give notice in time. Courts often enforce them, so treat every notice date as a hard limit.
What it is
A time bar clause sets a deadline for a notice or a claim. If you miss it, the clause says you lose the right to time, money or both.
Courts in Australia have often enforced clear time bar clauses. Some contracts also have rules that can soften them, and the outcome depends on the wording and the facts.
How to protect yourself
- List every notice date in the contract at the start of the job.
- Give notice early, even if the cost is not yet known.
- Send it the way the contract says, to the named person.
- Keep proof of delivery.
- Follow up with the full claim as soon as you can.
Time limits in the law
Time bars in the contract run alongside the law. Every Australian state and territory has its own security of payment law with its own time limits.
For example, Queensland allows a payment claim usually within 6 months of the work, or the contract time if that is shorter. A payment schedule is due within 15 business days of the claim. An adjudication application is usually made within 30 business days of the payment schedule.
If you have missed a date, do not give up.
Related answers
Questions
Does a late notice always end my claim?
Not always. It depends on the wording of the clause and the facts. Treat it as a risk and act early.
Can the other side waive the time bar?
They can, but do not count on it. Get any waiver in writing.
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