contractual and statutory notice Archive

Sub Suspended Work for Non-Payment without Notice

The AIA A401 subcontract allows an unpaid subcontractor to stop work until payment is received, “upon seven additional days’ written notice to the Contractor.” (§4.7.1). In a New York school construction dispute, the subcontractor was unpaid for three months and stopped work, but did so without providing the contractual 7-day notice prior to suspending work. […]

State Must Give Notice to Recover

In N.L. Constr. Corp. v. Ohio Dep’t of Admin. Servs., Ct. Cl. No. 2011-08318, Aug. 30, 2012, the Court of Claims of Ohio rejected the state’s argument that it did not need to provide a 72-hour notice to a contractor before the state terminated its general trades contract. Don Gregory explains that contractual and statutory […]