Back to Basics #20 – 6 Key Points Regarding Notices and Records

Back to Basics #20 - 6 Key Points Regarding Notices and Records

Claims frequently fail simply because of a notice or substantiation.

If an extension of time is sought, the JCT requires the Contractor to give notice “forthwith” upon becoming aware. Likewise, the NEC4 requires the Contractor to raise notifications of compensation events (where responsible) within 8 weeks of becoming aware of an event.
 
Well timed notices are crucial, as is the provision of contemporary information. This means “original or primary documents, or copies thereof, produced or prepared at or about the time giving rise to a claim, whether by or for the contractor or employer” [A.G. Falkland Islands v Gordon Forbes Construction (Falklands) Ltd (No2)].
 
Records Should Include:

• The Date.
• Details of Labour, Plant and Materials.
• Weather.
• Unusual Circumstances.
• Instructions Given.
• Obstructions Encountered.

Fundamental to the above is that they can be verified later as contemporaneous. Issuing records via email provides one way of achieving this.
 
Further Considerations:

• Notice Provisions – Are you aware of what your contracts require?
• Record Keeping – Do you have robust procedures for your records?

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