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Failure To Give Notice Waived Site Condition Claim Differing Site Conditions-subsurface; Notice

Monday, May 03, 2004 01:00 pm

 
Failure To Give Notice Waived Site Condition Claim Differing Site Conditions-subsurface; Notice

The North Dakota Supreme Court has ruled that a subcontractor's failure to give written notice of a differing site condition waived any entitlement to additional compensation.

The North Dakota Department of Transportation awarded a contract to Flickertail Paving and Supply, LLC for reconstruction of a section of U.S. Highway 281. The contract required written notice of any subsurface or latent physical site conditions differing materially from those indicated in the contract. Failure to give notice prior to disturbing the conditions constituted waiver of the right to any additiona [...]

 
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