Claim for extras in advance of work being performed.Late or defective owner-furnished equipment or materials.Constructive change for additional work.To facilitate their preparation, sample notice letters are provided for the following events: A timely notice should still be provided regarding the event or problem with an indication that more detailed information will be provided at a later date. Specific schedule and work activities affected andĪll of the contractually required information associated with a construction notice, as listed above, may not be immediately available when the event triggering a requirement for a notice occurs.Supporting documentation must be submitted within a specified time frame (possible second notice period).Estimates of the extent of any time and cost impact.Details of the actual or anticipated effects of any impacts, if practicable.Notice for time and additional cost impacts must be given if both are deemed involved.Notice must be given within a defined time period.Notice must be given as soon as the notifying party becomes aware of the circumstances of an impact event or condition.Written notice must be served to a specific designated party.Some of the key factors required by standard contract form notice provisions are as follows: The process of giving “notice” is vital to triggering the contract mechanisms that allow the contractor to pursue additional time and cost and to reserve its rights to recover for any unforeseen but related impacts that may later arise.Īs discussed in the Long International article “ The Importance and Value of ‘Notice’ Provisions in Construction Contracts,” failure to provide proper and timely notice may limit the contractor’s ability to recover its increased costs of performance.
Most construction contracts require written notice for changes, differing site conditions, extra work, or other events which may affect the contractor’s time and cost of performance.
Engineering and Construction Claims Analysis
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