Notice provisions are found in most contracts, and while important, are one of the more overlooked clauses. Notice provisions require the parties involved in the contract to notify one another in certain circumstances to give them the chance to handle any potential problems. As construction attorneys in Jacksonville, we know that notice provisions are practical because it makes it clear to the contractor what they need to do in case they run into any issues like delays and have to to extend the project completion date. To view the second half of this article please visit Part 2.
Notice clauses are easily forgotten once the project begins. It’s important to always keep notice clauses in the back of your mind, because if you are unable to follow the contract when giving notice, you may may find that you are not entitled to claim anything. As construction lawyers in Jacksonville, we encourage contractors to remember that when dealing with notice clauses, be aware of giving notice and making claims, condition precedents, and practicalities.
Giving Notice and Making Claims
A notice clause should be clear and concise, as well as unambiguous about what is required. There are a few examples of what a contractor should think about when adding a notice clause:
- How it can be sent, either by post, fax or email, along with a fax number or email address
- What the notice should look like
- The information it should contain
- A time limit for sending it
- Who it should be sent to
It’s essential that contractors stay in compliance with every requirement of the notice clause. If they don’t, it can hurt their chances of making a claim.
In a construction contract, a condition precedent is a condition that must be met before extra time or money can be approved for the contractor. In some cases, a court may consider giving notice to be a condition precedent for making a valid claim, depending on the type of claim and the language used in the notice clause. Often, clauses will use the term ‘condition precedent’ when recounting the importance of a notice, but even if these specific words are not used the clause can still have this effect.
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.