CONSTRUCTION LAW
Construction
Project
Notice and
Documentation
The sword and
the shield
By C. Ryan Maloney, Esq., Jimerson Birr
Almost every construction contract or subcontract contains provisions regarding the manner
in which notice must be provided to the other party under the contract regarding
significant issues on the construction project, including delays, unforeseen conditions or
other claims. Compliance with such notice requirements, together with contemporaneous documentation
during the project, is critical to successfully bringing construction project claims (the sword),
and defending construction project claims (the shield). This article explains why notice and documentation
are so critical, and also provides practical tips and best practices for owners, contractors and
subcontractors regarding notice and documentation on construction projects.
1. Timely and compliant notice is critical
Complying with construction contract notice requirements is critical to asserting or defending
construction project claims. Therefore, parties need to read and know the contract notice provisions
in order to understand and comply with requirements regarding timing, the proper manner
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