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Fax Transmittal Was "Written Notice" Claims Administration; Notice

Tuesday, September 02, 2003 05:23 pm

Fax Transmittal Was "Written Notice" Claims Administration; Notice

An Illinois court has ruled that in the absence of an express contractual prohibition, a facsimile transmission satisfied the requirement for "written notice."

Dean Management, Inc. was the general contractor for construction of a restaurant facility in Warrenville. Dean subcontracted the concrete and site utility work to TBS Construction, Inc.

One provision of the subcontract stated: "Should [TBS] fail to perform its obligation hereunder, including but not limited to, failure to pursue completion of said work with due diligence, [Dean] may terminate this Subcontract by writ [...]

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