Image

Notification

Written Notifications should not be forgotten for any reason. If notices are discussed in the Contract Documents follow these documents to the letter. Even if the contract documents are silent, provide written notification. As soon as someone on your field or office team recognizes that there will be or is an impact, provide a notification to the project owner's representative. If necessary, leave it open for finalization when the impact is confirmed.

The delivery of the notification must be confirmed and signed/timestamped by the receiving party.

Be sure that the items listed in the center column are included in every notice.

How Can The Contents
Of this Website Be Useful To
All in Related Businesses?

Notice Content Items

Level of Importance

Timestamped

Critical

Company & Project Information

Mandatory

Specification Section/Page

Important

Contract Drawing Reference

Important

Site Location

Critical

Topic in sufficient detail

Critical

Current Status & Reservation of Rights

Critical

Photos or Sketches for Clarity

Important

Perceived Impact to Work/Project

Critical

Suggested Next Steps

Important

Possible Outcomes From
Failure to Provide Notice

The significance of failure to notify depends to a great extent on the stage of the project and the venue for claims settlement/decision. During the execution of the project the decision on how or if to proceed is made by the Owner or its representative. In arbitration it will be solely the decision of the arbitrator or panel since they need not strictly follow the contract or related case-law, though many will. In the courtroom this decision is made by the judge or possibly a jury. The odds here are that the contract will be strictly interpreted and adhered to.

It is certainly recommended that you know your contract and get a legal interpretation of the salient sections discussing notification. This is not a gamble that you should take.

Page Open = notices.html
X

Contributor

James G. Zack, Jr.
Executive Director
Navigant Construction Forum,
Navigant Consulting, Inc.
Website

X

Please, Be a Contributor!

Please select a subject from the drop-down menus that you know well and prepare text or a white paper, and submit it to the info@constructionimpacts.com. The completion of this site depends on offerings from contributors like you.

You will be listed as a contributor.

X

Impact Documents

Field Work Stoppage

Activity/Task Work Stoppage

X

Speed Memos/E-mails

Delay Notification

Cost Impact Notification