ABSTRACT

The importance of giving notice when problems arise cannot be over emphasised, so in addition to 'Don't be shy-get noticed! Amendments to the standard forms or the Contractor's bespoke terms will inevitably shorten/specify the time by which notices are to be issued, which is likely to require notices to be given at the earliest possible date. To avoid any arguments that specialist subcontractors notice has not been properly served, try and ensure that their notice is served in the correct way, for example, on the right office, and on the correct person, e.g. on a director, the project manager or other senior personnel of the recipient as might be required by the contract. The process of giving notice is crucial to the triggering of the contract mechanisms that allow specialist subcontractors to pursue additional contractual entitlements. Most importantly extension of time and loss and/or expense.