The issuing of notice is regulated by international best-practice instruments such as the FIDIC1999, JBCC, NEC. Failure to properly serve notice may result in the loss of rights such as a contractor’s entitlement to an extension of time.
Here are our top tips to giving notice effectively:
It’s important to remember that not all communication intended to give notice constitutes as an official notice. Certain requirements in respect of form and delivery must be met.
Communications must contain the following minimum requirements to constitute a notice: record that notice is being given and reference to the relevant clause giving rise to the contractual entitlement; describe the event giving rise to the claim; and provide the approximate time and cost consequence of the claim.
Industry standards have established that the following means of communication CANNOT constitute a notice: minutes of meetings, SMS, BBM, Facebook, Twitter, and WhatsApp messages.
The service of a notice must be done in accordance with the provisions of the contract in place. In absence of a contractual provision, effective means can be used (namely hand delivery, mail, courier or email) using the addressee’s last known principal address.
The importance of giving notice forms part of our Construction Claims Masterclass. Click here to register for our upcoming course in March.