Time-Bar Claim Notice Provisions, Where Are We Now?
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Since its introduction in construction contracts, time-bar claim notice provisions have provided controversy between the parties. The operation of the provision clashes with well-established doctrines and has led to an apparent conflict in this area of contract law. Yet, due to the preference of employers to include it within their construction contracts, the provision is still being widely used in construction projects. Recently however, two new developments in common law in the penalties and good faith doctrines appear to be seriously challenging the whole sanctioning concept of barring clai...
Since its introduction in construction contracts, time-bar claim notice provisions have provided controversy between the parties. The operation of the provision clashes with well-established doctrines and has led to an apparent conflict in this area of contract law. Yet, due to the preference of employers to include it within their construction contracts, the provision is still being widely used in construction projects. Recently however, two new developments in common law in the penalties and good faith doctrines appear to be seriously challenging the whole sanctioning concept of barring claims. It appears that the time-bar provisions in FIDIC 1999 and NEC3 Standard Forms of Contracts were not designed to absorb those developments in law. This may suggest that FIDIC 1999 and NEC3 must apply major reforms, and specifically change the barring concept contained within their time-bar provisions, should they wish to keep their strong grounds worldwide.
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