Thursday, 15 December 2016
Posted by: SAFCEC Communications
SAFCEC Contractual Affairs Executive, Frikkie Oosthuizen, writes about issues surrounding time bar clauses.
This critical discussion of time bars and the application of it, is not to express any disapproval for having notice requirements.Expressing such criticisms would be futile, as notice provisions today are critical elements for having commercially successful projects.Thus, the critique originating from this discussion is to consider aspects surrounding notices and time bars. It is determining the constituent components of the concepts to get behind the strengths and weaknesses of notice provisions.
Champion (2007) puts the rational for notice requirements simply as to “encourage prompt resolution of claims”.Jones (2009) has a more convincing explanation for needing notice provisions in construction contracts.He says that a notice for a claim will provide a “proper opportunity” for the parties to consider the best way to deal with the issue in the interest of the project (Ibid, p.7).Also notice provisions are not just for the benefit of employers; at the same time contractors benefit from a process that is “orderly, timely and disciplined” (Ibid).