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- A condition precedent is a clause in the contract which must be satisfied before an entitlement can arise: for example, non-compliance will prevent a claim for time or money. The requirement to provide notice may, but will not always be, a condition precedent to entitlement.
www.pinsentmasons.com/out-law/guides/notice-provisions-in-construction-contractsNotice provisions in construction contracts - Pinsent Masons
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Clause 45.11 states that the Contractor as a condition precedent to being granted, extensions of time claims must strictly comply with this time limit. However, even if the notification clause is not written as a condition precedent, contractors must claim within
A condition precedent is a provision, which stipulates that a contractor (or a sub-contractor under a sub-contract) must comply with certain specified procedures if he is to avail himself of other contractual provisions.
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for a notice requirement to be enforced as condition precedent, there is a general approach, as held in Bremer v Vanden (1978): The precise time-limit for a submission of notice must be expressly set out in the provision; and. the loss of right for non-compliance with the notice requirement has to be expressly stated in the provision.
A condition precedent is a provision in a contract that must be fulfilled before a right or obligation will arise. For example, a clause may make the notification within a certain timeframe a condition precedent to a contractor’s right to claim loss and expense.
Many construction contracts specify that notices of claim must contain certain information and be submitted within a certain time frame, failing which a claim may be 'time barred'. In some instances, such notices of claim must provide a statement of the legal or contractual basis of the claim.
2020年11月16日 · as a condition precedent to the Sub-Contractor’s entitlement to any such claim, the Sub-Contractor shall give notice of its intention to the Contractor within fourteen (14) days after the event, occurrence or matter giving rise to the claim because apparent or ought reasonably to have become apparent to the Sub-Contractor.
A condition precedent is a contractual stipulation that must be satisfied before a right or an obligation comes into existence. 1 These are particularly common in construction contracts for provisions concerning payment, claims for extension of time, claims for compensation or adjustment of the construction price, application of liquidated damag...
