Читать книгу Fundamentals of Construction Claims - William J. McConnell - Страница 9

Once the type of dispute is identified, the claimant must fulfill all pre-claim and claim notice requirements. An example of a pre-claim notice requirement relates to design issues involving differing site conditions. Under an AIA (American Institute of Architects) contract that incorporates the A201 general conditions, the contractor must notice the owner and the architect of a differing site condition within 14 days of observance so the architect can promptly investigate and either deny the claim or propose an equitable adjustment to the contract sum and contract time—this would be the pre-claim notice requirement. If the architect denies the claim, then the contractor must trigger the formal claim notice requirement by noticing the owner, the initial decision maker, and the architect within 21 days of the architect's denial of the differing site condition request. Hence, the claimant must be aware of all pre-claim and claim notice requirements defined within the contract. If the exact notice requirements are not followed, claimants and claimant attorneys often assert that the respondent had constructive notice, so this topic is discussed as well.