Written Notice Requirements in Construction Contracts: Why Missing One Kills Your Claim

Most construction contracts include provisions that require a contractor to give written notice within a specified time period as a condition of making certain claims. Common trigger events: owner-directed changes, unforeseen site conditions, owner-caused delays, requests for additional compensation.

The clause typically says something like: 'Contractor shall give written notice within [7 or 14 or 21] days of the event giving rise to the claim. Failure to give timely written notice shall constitute a waiver of the claim.'

That last sentence is the one that matters. Courts enforce these clauses. A valid claim for $50,000 of extra work can become $0 if the notice was late.

The contract defines what qualifies. Usually it requires written notice to a specific person or title, sent by a specified method: certified mail, overnight courier, or hand delivery with acknowledgement. Some contracts now accept email if sent to a designated address.

A verbal request, a text message, a mention in a meeting, or a note in your daily log is generally not written notice under these clauses. It may be evidence that the owner knew about the issue. It is not the same as formal written notice.

Send notice in the format the contract requires, to the person the contract names, and keep proof of delivery.

Owner asks you to do extra work verbally. You do it, assuming you will work out the cost later. The owner says you needed to submit a change order request with notice within 10 days before starting the extra work. You missed it.

You hit an unexpected subsurface condition. You notify the superintendent verbally and keep digging. You send a formal written notice two weeks later. The contract gave you 7 days.

An owner delay pushes your schedule by a month. You absorb the extended overhead and document the cost. You submit the claim at the end of the job. The contract required notice within 14 days of the delay event.

These are not edge cases. They happen constantly on projects of every size.

Make written notice a reflex, not an afterthought. Any time something happens on the job that might give rise to a claim, send a written notice that day. Keep it simple: 'This letter provides notice that [describe the event]. We reserve all rights to request an equitable adjustment in price and time.'

Over-noticing is better than under-noticing. A notice that turns out to be unnecessary costs you nothing. A missed notice can cost you the claim.

Keep a log of every notice you send: date, recipient, method, content. This is the evidence that protects you if the claim is disputed.

Read every contract for notice requirements before you sign. How many days? What triggers it? What format? Who does it go to?

If the notice period is very short, say less than 7 days, consider negotiating for more time. On a large project with complex events, 3 days may not be realistic.

Build notice requirements into your project management process. Your superintendent should know the notice deadlines on every job and have authority to send notices without waiting for a lawyer.