Cornelius F. “Lee” Banta, Jr. | ConsensusDocs Deadlines are an inescapable part of the construction industry. Bid deadlines. Submittal deadlines. Material delivery deadlines. Substantial completion. Final completion. And so, inevitably, fighting about deadlines becomes a necessary byproduct. Was the deadline really a deadline? Was the schedule slippage on the critical path? Should there be an… Continue reading Snooze You Lose? Enforcement of Notice and Timing Provisions
Tag: Notice Provision
Notice and Claims Provisions in Contracts Matter…A Lot
David Adelstein | Florida Construction Legal Updates Technical contractual provisions in contracts can carry the day. Whether you like it or not, and whether you appreciate the significance of the provisions, they matter. Notice provisions in a contract mean something. Following the claims procedure in a contract means something. The moment you think they don’t mean anything is the… Continue reading Notice and Claims Provisions in Contracts Matter…A Lot
“Please” Is Not a Material Condition of an Insurance Policy’s Notice of Claim Provision
Larry P. Schiffer | Squire Patton Boggs It is fundamental that a policyholder has to notify its insurance company about a claim if it expects the insurer to defend and indemnify the policyholder against that claim. When and where that notice has to be given, however, varies. Sometimes the notice requirement is expressed as a… Continue reading “Please” Is Not a Material Condition of an Insurance Policy’s Notice of Claim Provision
When Does A Claim for Damages Not Require Notice? When It Is One For Liquidated Damages.
Matthew DeVries | Best Practices Construction Law | November 26, 2019 I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim. A court in Oklahoma just reminded me that not all claims require notice. Here’s what I mean. In WinCo Foods, LLC v. Crossland Construction Co.,… Continue reading When Does A Claim for Damages Not Require Notice? When It Is One For Liquidated Damages.
Recent Supreme Court Opinion Serves as Call to Action for Contractors to Review Contract Notice Requirements
Paige Scott | Schwabe Williamson & Wyatt | October 2, 2018 The Supreme Court of the State of Washington issued its opinion in Nova Contracting Inc. v. City of Olympia, Docket No. 94711-2 on September 27, 2018, which hammers home the need for contractors to review the notice provisions in their contracts. The Washington Supreme Court… Continue reading Recent Supreme Court Opinion Serves as Call to Action for Contractors to Review Contract Notice Requirements