Thomas, H R; Smith, G R and Wright, D E (1990) Resolving disputes over contract notice requirements. Journal of Construction Engineering and Management, 116(4), pp. 738-755. ISSN 0733-9364
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.
| Item Type: | Article |
|---|---|
| Index terms: | contract administrator, owner, dispute, case law |
| Subjects: | sociology, dispute resolution, practitioner, legal systems |
| Topics: | Legal Issues, Stakeholder Management, Roles and Professions |
| Descriptive scope: | 2 PC |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here