Failing to Give Notice on Time Can Waive a Valid Claim
A contractor discovers unforeseen rock during excavation that will add three weeks and $75,000 to the project. The contract clearly covers differing site conditions. But the contractor keeps working without notifying the architect in writing within the required timeframe. Under AIA A201, that delay in notice can waive the contractor’s right to additional time or compensation, even if the claim was otherwise valid. Notice requirements in construction contracts are not bureaucratic formalities - they are substantive legal obligations with real consequences. The ARE CE tests notice because it sits at the intersection of construction administration, claims management, and the architect’s role in the project.
AIA A201 Notice Requirements
AIA A201 contains multiple specific notice requirements at different stages of the project:
- Claims notice (Section 15.1.2): A party initiating a claim must give notice to the other party and to the Initial Decision Maker (IDM) no later than 21 days after the party first recognizes the condition giving rise to the claim. Failure to give timely notice may result in waiver.
- Time extensions (Section 8.3.2): The contractor must notify the architect of conditions causing delay within 21 days of their occurrence. The contractor must then submit a formal claim for extension within the claim notice period.
- Differing site conditions (Section 3.7.4): The contractor must promptly notify the architect and owner upon encountering conditions that differ materially from those indicated in the contract documents.
- Concealed conditions (Section 10.3): The contractor must stop work and immediately notify the owner and architect upon encountering concealed conditions involving hazardous materials or conditions materially different from the contract documents.
What “Notice” Means Under A201
Under AIA A201 Section 13.3, written notice is required for all formal communications that invoke contractual rights - claims, terminations, stop-work orders, and notices of dispute. Written notice may be delivered by hand, mail, courier, or electronic transmission to the designated representative. A phone call is not written notice. An email may satisfy the requirement if the contract designates email as an acceptable method. The architect’s role is to receive notices, route them appropriately, and ensure that project documentation captures the notice date and content.
The Architect’s Notice Obligations
The architect also has notice obligations under A201. If the architect becomes aware of a contractor’s noncompliance with the contract documents, the architect must promptly notify the owner and contractor. When the architect rejects work, reduces or withholds a payment certification, or takes any other action that constitutes a formal decision affecting contract rights, that action must be communicated in writing with clear explanation. The architect’s failure to communicate clearly and in writing can expose the owner to liability for claims the architect could have protected against with proper documentation.
Key ARE CE Exam Points
- Claim notice must be given within 21 days of recognizing the condition giving rise to the claim under AIA A201 Section 15.1.2.
- Failure to give timely notice may waive an otherwise valid claim for additional time or compensation.
- Written notice is required - verbal or phone communication does not satisfy AIA A201’s notice requirements.
- The architect receives and routes formal notices; the architect’s own actions affecting contract rights must also be in writing.
- Differing site conditions and concealed hazardous materials require immediate (prompt) notice - not the 21-day window that applies to general claims.
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