Construction Contract Notices

What is a construction contract notice requirement?

A notice requirement is a contract provision that requires one party to formally notify the other within a specified timeframe when a change event occurs. Notice requirements serve two purposes: they give the owner the opportunity to assess and manage the change in real time, and they protect both parties by creating a contemporaneous record.

Notice deadlines

Typical construction contracts require notice of a change event within 7–21 days of when the contractor first knew or should have known of the event. Some contracts are stricter — requiring notice before the work begins. AIA contracts, CCDC contracts, and most public sector contracts include express notice provisions.

Consequences of late notice

Late notice does not automatically bar a claim, but it has real consequences. Many contracts include "time is of the essence" provisions that make notice deadlines strict. Even where strict compliance isn't required, late notice weakens the contractor's claim and is a legitimate basis for reduction or negotiation.

What owners should watch for

When reviewing change orders, owners should check whether the contractor gave timely written notice of each claimed event. If notice was late or absent, this should be flagged and addressed in the negotiation. Document the date the change event occurred and compare it to the date notice was given.