Delay Notices – Do They Really Matter?

In his article in this edition of Construction Law, John Kittow discusses the importance of good contract management, including the giving of the notices required by the contract. But do such notices really matter as a matter of law?

When lawyers discuss this issue, they usually analyse it by considering whether the giving of the particular notice in question is a condition precedent – a condition that must be satisfied first, before the relevant claim can be made. For a subject that is so important and that raises so much debate, there are remarkably few cases on the point. We now have another one to add to that short list: WW Gear Construction Limited v McGee Group Limited in which judgement was given in June this year.