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Notice Provisions In Construction Contracts Part 2

In Part 2 of this article, we will continue to discuss the importance of the commonly overlooked notice provisions. In the first part of this article, we spoke about contractors dealing with giving notice,making claims and condition precedents. In this half, we will talk about keeping an eye on practicalities in notice provisions. To view the first half of this article, please visit Part 1.

Practicalities

If contractors fail to give the proper notice that is required in the contract, it will give the owner or other party the chance to challenge the notice, preventing an otherwise valid claim from being successful. There are several ways to ensure proper notice is given.

Notice by Email

Notice by email is not required to be read. Proof of delivery is viable enough. However, it’s important to remember that the contract can list email as an invalid form of notice, depending on what the parties decided in the contract drafting stages. If you have any doubts on notice by email, confer with a Jacksonville construction attorney.

Service by “Any Effective Means”

The courts have approved the term “any effective means” when it is used in contracts, and it can include email, post, hand delivery, and fax as long as delivery can be proved.

Who Should Serve Notice?

All notices must be served by an authorized party that has been named in the contract.

Address for Service of Notice

A contract will contain the address for service of notices, as well as the steps a contractor should take to notify any changes of this address.

Personal Delivery

Personal delivery is intended to deliver notice to an individual, which can be anyone at the address for service. For example, this can include a receptionist for the individual a contractor is giving notice to. Just a reminder for contractors, make certain that the contract lists the name of the person the notice should go to, i.e., the company’s receptionist. This will help avoid the notice being lost in the mail or mistakenly thrown in the trash.

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Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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