Co-authored by James De Melo,
Student-at-Law
Notice as a Prerequisite to Claims under Construction
Contracts
Construction projects will be impacted by COVID-19. Although you
might not know exactly how your project will be affected yet, you
should be aware that you will likely have to give notice in
accordance with your construction contract in order to be able to
pursue a claim for any impacts.
Notice provisions keep parties up to date on issues affecting a
construction project. A notice provision achieves this by defining
the specific timelines within which a party must provide notice of
a potential claim. Compliance with notice provisions allows parties
to assess what is happening on the project and respond with
contemporaneously developed solutions as opposed to after-the-fact
justifications and (costly) remedies. Ontario courts continue to
uphold the importance and value of notice provisions and of
protecting parties from defending against surprise
