Back to Basics #46 – NEC Notices and Time Bars

 Back to Basics #45 – NEC Notices and Time Bars

In this month’s Article, we consider NEC Notices and Time Bars.

Contracts increasingly contain Notice Clauses that are expressed as conditions precedent.

This means a failure to comply with the requirements of the Clause results in a party being prevented from making what might otherwise have been a valid claim.

There are several steps parties can take to avoid the adverse effects of time bars, they include, but are not limited to the following:

1. Be aware of the impacts of the time bars included in the contracts and manage them effectively.
2. Be commercially prudent by stepping-down the time bar provisions.
3. Be mindful that the courts see the benefits of time bar provisions and support their operation; if they are implemented correctly.

Please click HERE to view our Article which delves into more detail on the background of these issues with relevant Case Law and specific contract references.

If you have a Contractual, Quantum or Time related issued you need assistance with, Ramskill Martin’s Team of Experts can assist.

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