Last edited 03 Oct 2018

Notice

Letterofintent.jpg

A notice is a notification or warning, typically given in writing by one party to another to enable them to take necessary action. Giving notice may be a requirement of certain processes to ensure that a party is aware of what will happen, they can prepare, and they know their rights, obligations.

In legal terms, the different types of notice include:

  • Actual notice: Providing legal assurance that certain information has been provided by one party to another.
  • Constructive notice: Signifying that a party should have known of a legal action that is taken or to be taken. For example, if they should have discovered the facts by due diligence or by inquiry into the public record.
  • Public notice: Provided to the public regarding legal proceedings.

In relation to construction and buildings there are several different types of notices.

  • A tenant can give notice to their landlord that they intend to move out of the premises they are renting (a rent contract typically stipulates the notice period that must be provided). Similarly, a landlord can give a tenant notice that they are reviewing the amount of rent payable, undertaking works to the building, or terminating the contract.
  • A contractor may give written notice of a claim when it becomes reasonably apparent that the regular progress of the works is being materially affected by something which is not their responsibility.
  • In the event of a dispute, a party seeking arbitration, adjudication or another form of dispute resolution serves written notice on the other party(s).
  • Neighbours must give notice to one another if they intend to carry out works to a party wall.
  • Employees must give notice of their intention to leave their job.

Other types of notice relevant to construction include:

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