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Claim Procedure Strictly Enforced Claims Administration; Notice

Saturday, January 03, 2004 11:49 am


Claim Procedure Strictly Enforced Claims Administration; Notice

The Washington Supreme Court has ruled that a project owner could enforce a contractual claim procedure despite the owner's actual knowledge of the claim.

The County of Spokane awarded a contract to Mike M. Johnson, Inc. for construction of a sewer project. The contract incorporated the Washington State Department of Transportation's standard specifications which included formal procedures for protesting owner directives and for submitting claims.

The specifications required a signed written notice of protest before complying with any owner directive entailing additional cost or time. The written protest had to be supplemented within 15 days by a written statement indicating the dollar cost and the schedule impact of the protested work.

If the owner denied the protest, the contractor was required to submit a formal written claim to the projec[...]

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