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Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

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Acceleration Claim Barred By Lack Of Notice Acceleration; Notice

Thursday, June 09, 2005 03:00 pm


An Indiana court has ruled that a contractor's claim for acceleration of its work was barred by the failure to comply with the contractual notice requirement. The Taylor Community Schools Building Corporation was expanding and renovating a high school building. Taylor awarded a contract for the electrical work to Stelko Electric, Inc.

The parties utilized a modified version of AIA Document A201, "General Conditions of the Contract for Construction."One provision, unchanged from the AIA contract form, stated: "Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the c [...]

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