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Notice-Condition Precedent to Claim

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Chandrashekhar Thatte Pune, Maharashtra, India
If notice is a Condition Precedent ,the claim is lost in its entirety,irrespective of its merits,if the notice is not given in time.How far is this justifiable/defendable under the Law of Contract and/or Law of Natural Justice ?
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Rami Kaibni
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Senior Projects Manager | Field & Marten Associates New Westminster, British Columbia, Canada
It depends how it is written in the contact and if there are any clauses that follow or give flexibility like:

If notice was not given as stated under clause XXX, this could be discussed with the client who is the sole authority to approve ......
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1 reply by Chandrashekhar Thatte
Jan 31, 2017 1:01 AM
Chandrashekhar Thatte
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I agree with you.Yes, it very much depends on how certain clauses may be helpful to the Contractor to argue and defend his case .The claim put up with out notice,if admitted for discussion, can be undoubtedly taken up with client/PMC for further deliberation to explain the circumstances which prevented the Contractor to notify the client in time .It will largely depend upon a) Client's satisfaction on his project performance 2) will to accommodate and hear the contractor's arguments 3) Interpersonal relations/rapport the Contractor has been able to establish with project participants/Stakeholders and finally conceding to the argument and admitting the claim.It all depends on the frame of mind of the Client/PMC under such condition.
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Chandrashekhar Thatte Pune, Maharashtra, India
Jan 30, 2017 12:33 PM
Replying to Rami Kaibni
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It depends how it is written in the contact and if there are any clauses that follow or give flexibility like:

If notice was not given as stated under clause XXX, this could be discussed with the client who is the sole authority to approve ......
I agree with you.Yes, it very much depends on how certain clauses may be helpful to the Contractor to argue and defend his case .The claim put up with out notice,if admitted for discussion, can be undoubtedly taken up with client/PMC for further deliberation to explain the circumstances which prevented the Contractor to notify the client in time .It will largely depend upon a) Client's satisfaction on his project performance 2) will to accommodate and hear the contractor's arguments 3) Interpersonal relations/rapport the Contractor has been able to establish with project participants/Stakeholders and finally conceding to the argument and admitting the claim.It all depends on the frame of mind of the Client/PMC under such condition.

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