Guides / Claims

Missed the notice deadline: can you still claim?

Sometimes. A missed notice can bar a claim if the contract says so clearly. But the clause wording, the other side's conduct and the type of claim can all change the result. Get the facts and advice fast.

What a time bar is

A time bar is a clause that ends a right to claim if notice is not given in time. It is common in construction contracts. A strict one can end a large claim over a single late letter.

Questions that matter

  • Does the clause say the claim is lost, or only that notice must be given?
  • Did the other side already know of the event?
  • Did the other side cause the late notice or waive the rule?
  • Is part of the claim covered by a different clause or by the law?
  • Did you give some notice, even if it was incomplete?

What to do first

  • Find the clause and the date you became aware of the event.
  • Give notice now, even if it is late.
  • Collect every record that shows the other side knew.

Related answers

Questions

Should I still send a late notice?

Usually yes. It stops the delay growing and may help any later argument.

Can a consultant tell me if I am time barred?

A consultant can build the timeline and the facts. A lawyer gives the legal opinion.

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