ABSTRACT
A number of formal notices will need to be given by each of the parties during the life of any shipbuilding contract. A notice or communication given by telefax will usually be regarded as received immediately, while that contained in a document sent via courier may, for example, be deemed served only three days after dispatch. Difficult legal questions arise as to the conclusiveness or otherwise of notice provisions of this type, in particular whether it is open to the sender to contend that a notice was in fact received even if the agreed channels of communication were not used. Particular problems may arise where a notice provision states that a notice served outside normal working hours of the recipient will be deemed received on its next working day. Under such a provision, although a notice may be given “within time” from the perspective of the sender, it may be “out of time” when it is deemed received.
