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C. Performance Issues 1. Claim for Negligent Acts or Omissions by the Owner that Cause Injury or Damage to the Contractor

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When the owner's negligent acts or omissions cause damage to the contractor's person or property, a minority of standard contracts require the contractor to provide notice to the owner, so the owner is provided an opportunity to investigate and possibly mitigate damage. The examples below outline the specific pre-claim requirements.

 AIA A201 – Section 10.2.8: If the contractor suffers injury or damage to person or property because of an act or omission of the owner, the contractor shall give notice to the owner no longer than 21 days after discovery so the owner can investigate the matter.

 ConsensusDocs 200: Section 10.1.2 notes that the owner shall indemnify the contractor from all claims from bodily injury and property damage by the negligent or wrongful acts of the owner or design professionals, but this form does not require contractor to provide the owner with a specific notice.

 EJCDC C-700: Section 7.16.A–B indicates that the owner shall indemnify the contractor from negligent actors or omissions by the owner and engineer, but this form does not require the contractor to provide the owner with a specific notice.

Fundamentals of Construction Claims

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