Trent Cotney

In construction contracts, the contractor is frequently required to notify the owner in writing of differing site conditions, changes in the scope of work, unforeseen delays, extra work and breaches by the other party. These notice provisions often contain a deadline for the notice to be given to the other party. For example, a contract may require the contractor to notify the owner in writing within 21 days from the occurrence of the event giving rise to a claim for additional compensation, extra time or relief under the contract. If the contractor fails to provide notice within the deadline, the contract may state that the contractor’s claim against the owner is waived. This article will focus on exceptions to the notice provision and circumstances where the notice provision is waived because of the acts or omissions of the owner or the owner’s representative.