Contract Notice and Recognition (Part 2)

LinkedIn Group: Contract Risk Management — Construction Industry Discussion: Methods of Ensuring Compliance

This recent Discussion was initiated by me, George McLaughlin. I posed the following question:

What methods or procedures are most effective to ensure compliance with contract Notice requirements (if any)?

Most contracts contain Notice requirements of various sorts. Notice regarding variations / changed work can be reasonably straightforward. Notice regarding delay (by others) and disruption (by others) can be considerably more challenging. Of course, the challenges include form or method of notice as well as the onset of recognition of the delay or disruption. Another complication is the acceptability of constructive notice under applicable law. Please present some views on this topic. [Read more…]

Contract Notice and Recognition (Part 1)

Most major Engineer Procure Construct [EPC], Lump Sum Turnkey [LSTK] and Construction contracts contain requirements or provisions for Notice.  Simplistically, notice is the act of informing another party to the contract that an important event has (has not) occurred.  These events tend to be related to negative consequences.

In this discussion, I will use two key references:

Bramble introduces the subject as follows (focus is on delay): [Read more…]