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2. Part 2: Construction Contract Draconian Notice Provisions — Is Prejudice Still The Issue?

Author

Ahlers, John P. and Taft, Lindsay K.

Subjects
CONSTRUCTION contracts, LEGAL claims, FORFEITURE, LEGAL notice, OBLIGATIONS (Law), PREJUDICES
Abstract

The article offers information on the issues associated with construction contract written claim notice requirements. It discusses the legal theories employed to get around the forfeiture consequences of a contractor's failure complying with strict notice requirements. Also discussed are the aspects and the practical application of prevention doctrine, implied obligations and the prejudice rule.

Published
2012

3. Construction Contract Draconian Notice Provisions: Is Prejudice Still the Issue?

Author

Ahlers, John P. and Taft, Lindsay K.

Subjects
CONSTRUCTION contracts, CLAIMS making, LEGAL notice
Abstract

The article offers information on the legal issues related to the requirements of construction contract claim notice. It discusses the landmark case of Mike M. Johnson Inc. that have changed the base of written notice in construction contracts of Washington State and made the state strictest in the nation for the interpretation of written notice in construction.

Published
2012

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