Notice
Owner Need Not Respond to Contractor’s Claims Within Any Timeframe
July 13th, 2022
Contractors often face strict or limited notice periods, in which to advise the project owner of a claim or issue. Some contracts even include forfeiture provisions, where the contractor’s failure to give timely notice acts to nullify the claim. Bu…
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Notice by Email Was Sufficient for Miller Act Bond Claim
May 7th, 2021
We knew this day would come, since email is now the primary means of written communication. A material supplier made a payment bond claim solely via email. No letter was sent by mail, much less sent by certified mail as required under the Maryland Li…
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The Cost of 24 Hours: Abandonment Did Not Excuse Failure to Give Proper Termination Notice
February 11th, 2020
Although a sub apparently abandoned a project, breaching its subcontract, the general contractor’s failure to give 48 hours’ termination notice required by the subcontract was also a breach (it had given 24 hours’ notice). The trial court decis…
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Terminating a Contract? Dot the i’s and Cross the t’s!
October 20th, 2017
From a Connecticut trial court comes a reminder to follow the contract process when terminating a contract. Failure to do so could constitute a breach by the one issuing the termination letter. A sub and general contractor had many changes, claims an…
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Categories: Construction
Reference to Arbitration in Contract Was Sufficient Notice of Arbitration Clause
May 9th, 2017
Homeowners who claimed not to have read the contract nonetheless signed a 10-page form with two critical items: (1) a check box indicating arbitration and not litigation for dispute resolution, and (2) incorporation by reference of general conditions…
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Generic Reservation of Rights Letters Are Inadequate Notice of Coverage Issues
January 16th, 2017
A common practice in reservation of rights letters has been heavily criticized by the South Carolina Supreme Court. In fact, the court rejected a generic reservation of rights letter. It stated: “It is axiomatic that an insured must be provided suf…
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An Expensive Lesson About Notice of a Professional A/E Malpractice Claim
December 12th, 2016
The University of Pittsburgh has come out on the losing end of coverage battles with two different malpractice carriers for the architecture firm, The Ballinger Co., hired by Pitt to design a renovation project to Pitt’s Salk Hall (named for Jonas…
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Timely and Untimely Notice of Claims – What’s the Difference?
June 30th, 2016
New York passed a law on June 18, 2016, affecting the right of a public authority to bar a claim due to untimely notice. Richard Dyer of Duane Morris has written a summary. The law appears intended to address the situation where contractors have lost…
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Contractor Claim Not Dismissed under Contract Disputes Act for Failure of Timely Notice
March 23rd, 2016
Almost two years into a multi-year design-build contract, the government questioned the basis of design of the piles for a ship repair wharf. The contractor stopped work while the design issue was resolved with the government. The work stoppage led t…
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Email was insufficient notice under payment bond law, but court left the door open for (more explicit) email notice in the future
March 16th, 2016
The Massachusetts payment bond statute requires public project claimants to give notice to the general contractor by certified mail – not an uncommon requirement. The Massachusetts Appeals Court has just held that an email was not adequate notice,…
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