Paper Example on Court Declares Time for Notice Issuance Must Be in Contract

In this case, the court declared that the time for the issuance of notification must be set out in the contract if the notice has to be a condition precedent. Similarly, for a notice to be a condition precedent, there needs a clause that informs that the waiver of rights will apply in the case a party fails to serve a notice. However, a party cannot rely on condition precedent if it is culpable of the delay like it was in the case of BDW Trading Ltd v JM Rowe ltd.

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In the construction process, delay risks are the real issues that affect the industry. The interesting thing that should be noted is that in building projects, it is seldom to bring it to completing without experiencing hurdles. This makes it a challenge to complete the planned construction projects within the expected cost, time, and ensure good quality. The presence of delays in a project, on the other hand, causes the party that is aggrieved to claim for an extended time. If there is no pre-agreed methodology for analyzing delay, parties have a dispute regarding the type of delay analysis methodology to use to quantify delay.

The current study critically analyses of the importance of the notice provisions and how the courts perceive these provisions. The research reviewed the mode of notice provision, its timings, the necessary details to be included in a notice, and the essential role for the notice. The largest part of the research paper examined the construction delay, which causes such delays, the multiple methodologies used to analyse the delay for quantification, the English courts view on the matters related to delay claims and delay methods of analysis.. When reviewing the delay analysis methodologies, various underlying factors for each method were considered, and this included the presentation of the English laws, and they related to making delay claims and selecting the appropriate delay analysis methods. A clear understanding on the issues including the importance of the notice provisions and the time related claims along with the legal overview on these issues will be facilitated by the critical analysis of the various case laws, text books and the reader of this dissertation.

Reasons for the research

The implementation of the construction projects is exposed to the environment that is characterised by various conditions that emerge in cases of every construction process and when a project is under the implementation. The fundamental thing that underlines the construction projects is the responsibility to issue notices to the parties involved in the process of construction, and this includes the contracting of such parties. Prior studies in the areas of construction indicate that construction projects face multiple predicaments, such as delays that would require that reprieve in a way or the other. In order to accomplish this, the parties in the agreement have been provided with the opportunity to issue the notice for claims in case of delays. However, with the availability of the claim and notice provision, parties to construction contract agreements have failed to issue claim notices for appropriate action to be taken. The case justifies the objective of this study to disclose the critical role of the notice provision in construction contracts why parties need this provision.

Sometimes such challenges lead to failures in the timely issuing of legally correct notice that cause the contractors to experience problems related to delays. As a result, unnecessary logistics set in where parties seek the extension of time due to delays. This justifies the research to examine the construction delay and the types of construction delay that exist in today's construction contracts. When delays occur, and there is no pre-agreed delay analysis methodology, the parties often engage in disputes regarding selecting the method of delay analysis because there are various types of delay analysis. Despite this increased presence, no method is globally agreed as standard to quantify delay. This controversy raises the need to examine the most common delay analysis method applied to quantify delay and the factors that decide the selection of the most appropriate delay analysis method. The eruption of disputes between the parties calls for legal interpretation requiring that the focus turn on the various the legal aspects in proving as a delay claim and courts view on the delay analysis method.

Aim of the Research

In construction projects, the involved parties enter into contract where they agree on the terms of engagement during the implementation of the project. However, along the way, predicaments, such as delays occur and the parties are obliged to find a solution to get the project towards completion. Parties are also obliged to determine the suitable method to assist in quantifying the delay experienced to determine the amount of time for extension. Thus, the current research aims at examining the contents of the agreement between the parties and the conditions under which these contracts are created. The particular focus will be on the time-related claim and notice provision under English Law and how courts have interpreted these provisions.

Objectives of the research

• To examine the importance of notice provision in construction contracts
• To examine construction delay and the type of construction delay
• To examine the most common delay analysis method applied to quantify the delay
• To examine the factors that decide the selection of a delay analysis method
• To examine the legal aspects in proving a delay claim and courts view on the delay analysis method

Structure of the research

The dissertation is structured into six chapters

• Introduction
• The notice provisions in construction contracts
• The delays and time-related claims in construction contracts.
• The delay analysis methodologies.
• The legal overview on proving a delay claim and courts view on the delay analysis method.
• Conclusion

Research methodology

The primary focus of the dissertation was on the English law and was conducted about the case law relating to the topic of discussion. The evidence presented in the paper was extracted from various sources, which include case studies, articles, books, and journals, as well as the presentations based on the technicalities. The choice of this strategy is because there are already existing principles and case facts that support the research subject, and the response to the concerns of the study is based on the empirical evidence. Rich information already exists about making the claim notices in construction, and the focus has been on how these notices are bind by time and the consequences of the delays that occur. The review of the information presented in various sources; case studies, articles, books, and journals will help enhance the quality and relevance of the available literature about time-related claims and notices in construction contracts.