Generally, you have to make sure that you comply with the contract or insurance provisions by: (1) giving written notice of the claim; (2) to the correct party; (3) within the time required; and (4) identifying the event giving rise to the claim.
Originally published by Matthew DeVries on Best Practices Construction Law blog
When dealing with construction claims — whether one for construction defects, outstanding payment, or delay damages — an initial hurdle is making sure that proper notice has been given. Generally, you have to make sure that you comply with the contract or insurance provisions by:
- Giving written notice of the claim
- To the correct party
- Within the time required
- Identifying the event giving rise to the claim
Notice is important because it is usually a precondition to recovery. A court in New York held that notice to an insurance broker was not the same as the contractually required notice to the insurance carrier. This decision illustrates the importance of following a process when dealing with a claim.
(read all 11 important tasks when pursuing a construction claim...)
