Resolving Disputes over Contract Notice Requirements

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.