Resolving Disputes over Contract Notice Requirements

H. Randolph Thomas · Gary R. Smith · Dennis E. Wright

16 citations0/0 files storedJournal of Construction Engineering and Management

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Legal principles and applications Construction Project Management and Performance Dispute Resolution and Class Actions

Abstract

This paper describes the legal aspects of contract notice requirements. It is intended as a guide for contract administrators and contractors to help determine if the requirement for written notice has been satisfied as a prerequisite for a claim for an equitable adjustment. Based on an examination of case law, four primary rules are given. Does the notice clause apply? Was the requirement satisfied? Was the owner prejudiced? Can the requirement be waived and was it? Issues under each rule are identified, and examples are given. Other related aspects are also discussed, such as the importance of contract breach, form of communication, role of schedules, requirements for additional detail, and apparent authority. Recommended practices are also given.

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1987Construction Delay Claims 1971Legal Aspects of Architecture, Engineering and the Construction Process

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2018Impact of Owners’ Early Decisions on Project Performance and Dispute Occurrence in Public Highway Projects 2019Litigation Proneness of Dispute Resolution Clauses in Construction Contracts 1991Legal Aspects of Oral Change Orders 2007Interpreting Construction Contracts: Fundamental Principles for Contractors, Project Managers, and Contract Administrators

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