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Contract Administration - NOTICES or CONDITIONS PRECEDENT TO A CLAIM

When drafting contracts and/or special conditions, there is a need to consider how a contract will be administered and; in particular, what warnings or “notices” should be required from the parties.  Likewise it is incumbent on the Contracts Administrator to read and understand the entire contract and ensure this knowledge is imparted to the project team(s).  Contracts carry certain obligations associated with the administration of claims and changes.  Not unreasonably Employers need fair warning of a change or delay claim arising from the Works; whether due to the Employer; a third party; or, the Contractor.  There are several differing views on what constitutes a “notice” and what information it should contain.  The Scottish case John L. Haley Ltd v. Dumfries & Galloway Regional Council (1988) determined that minutes of meeting, unless expressly identified as a valid form of notice in the Contract, do not constitute a valid notice.   Although that may be the case, if a defini