Jenifer B. Minsky | ConsensusDocs Imagine your firm is the construction manager on a multi-million-dollar project. At the end of the project you are five million dollars out-of-pocket. You have a stack of claims for additional and extended work which led to the overrun, payment for which will easily cover the shortfall. However, the owner… Continue reading You Are on Notice: Failure to Comply With Contractual Notice Provisions Can Be Fatal to Your Claim
Tag: Contractual Notice Provision
Washington Supreme Court Reaffirms Compliance with Contractual Notice Requirements
Jennifer McMillan Beyerlein | Lane Powell PC | September 27, 2018 Today, the Washington Supreme Court unanimously held that failure to satisfy a “notice of protest” provision bars all claims for protested work — including claims for breach of the covenant and fair dealing and claims for expectancy and consequential damages. In Nova Contracting, Inc. v.… Continue reading Washington Supreme Court Reaffirms Compliance with Contractual Notice Requirements
Talk is Cheap – Promises to Pay are a Poor Substitute for Adherence to Contractual Notice Provisions
Charlie G. Baxley – Bradley Arant Boult Cummings LLP – August 1, 2014 A recent Wyoming case – JEM Contracting, Inc. v. Morrison – Maierle, Inc. – serves as a reminder to contractors and subcontractors of the importance of following the contractual requirements for notice when differing site conditions are discovered. As the contractor in… Continue reading Talk is Cheap – Promises to Pay are a Poor Substitute for Adherence to Contractual Notice Provisions
Compliance with Contractual Notice Provisions
Jose A. Aquino – February 15, 2013 A recent decision of New York City Office Of Administrative Trials And Hearings (“OATH”) highlights the significance of compliance with each and every provision of a construction contract. Ferreira Construction Co., Inc. v. Dep’t of Transportation, OATH Index No. 1619/12 (Nov. 16, 2012), involved a public contract to… Continue reading Compliance with Contractual Notice Provisions