Address
Re: Project: Project Name
Subject: Section 8.4 Notice of Claim
Dear Owner,
Pursuant to Section 8.4 of the ConsensusDocs 200 contract, Contractor hereby submits a formal notice of claim for the additional scope of work identified on the revised architectural plans that Owner issued to Contractor one week ago, on April 23, 20__. Specifically, Drawing A.2.06 indicates approximately 80 additional feet of wall assembly that was not contemplated in the bid set of plans that the contract price is based upon. Thus, this scope is outside of the defined Work. Contractor is calculating cost and time impacts associated with this additional work and will issue a formal Claim with supporting documentation within 21 days of this notice of claim. If you have any questions or comments, please contact Contractor at your convenience.
Sincerely,
Contractor
3. EJCDC C-700 General Conditions
The EJCDC C-700 general conditions do not have a specific notice requirement for claims. Section 12.01.B notes that contractor shall deliver claims to the owner and the engineer no later than 30 days after the start of the event giving rise thereto. Therefore, unlike the AIA A201 and ConsensusDocs 200, the claims process starts with the submission of the claim itself within 30 days of the event giving rise to the claim, such as a rejected change proposal by the engineer. This forces the contractor to assemble claims in an expedited fashion. Below is a sample cover letter that might accompany a Section 12.01.B claim.
Sample Claim Cover Letter that Conforms to the EJCDC C-700
Via Certified Mail
April 23, 20__
Owner
Address
Re: Project: Project Name
Subject: Section 12.01.B Claim
Dear Owner/Engineer,
Pursuant to Section 12.01.B of the EJCDC C-700 General Conditions, Contractor hereby submits a formal claim for the additional scope of work identified on the revised engineering plans that Engineer issued to Contractor one week ago, on April 23, 20__. Specifically, Drawing A.2.06 indicates approximately 80 additional feet of wall assembly that was not contemplated in the bid set of plans that the Contract Price is based upon. Thus, this scope is outside of the defined Work. The following claim includes sections on entitlement, delay, and damages associated with this issue. If you have any questions or comments, please contact Contractor at your convenience.
Sincerely,
Contractor
B. Notice of Claim Provisions for Lack of Evidence of Owner's Financial Arrangements
Most standard contract forms require the owner, upon formal request from the contractor, to request confirmation from the owner of adequate project financing. In the event the owner fails to provide proof of funding, the contractor is not required to start the work and it is entitled to a time extension until such proof is provided.
1. AIA A201 General Conditions
Per Section 2.2.1 of the AIA A201, prior to commencement of the work, the contractor may issue a written request to the owner for proof of funding for the project. The contractor has no obligation to commence the work until the owner provides such evidence. If commencement of the work is delayed due to this issue, the contract time shall be extended appropriately.
Sample Request for Proof of Funding Letter that Conforms to the AIA A201
Via Certified Mail
April 23, 20__
Owner
Address
Re: Project: Project Name
Subject: Section 2.2.1 Proof of Funding Request
Dear Owner,
Pursuant to Section 2.2.1 of the AIA A201 General Conditions, Contractor hereby requests that Owner provide proof of adequate funding for the Project. This information is a condition precedent to Contractor's commencement of the Work. If you have any questions or comments, please contact Contractor at your convenience.
Sincerely,
Contractor
2. ConsensusDocs 200
Per Section 4.2 of the ConsensusDocs 200, before commencing the work and thereafter, the contractor may issue a written request to the owner for proof of adequate funding for the project. Evidence of such funding shall be a condition precedent to contractor commencing or continuing the work.
Sample Request for Proof of Funding Letter that Conforms to the ConsensusDocs 200
Via Email
April 23, 20__
Owner
Address
Re: Project: Project Name
Subject: Section 4.2 Proof of Funding Request
Dear Owner,
Pursuant to Section 4.2 of the ConsensusDocs 200, Contractor hereby requests that Owner provide proof of adequate funding for the Project. This information is a condition precedent to Contractor's commencement of the Work. If you have any questions or comments, please contact Contractor at your convenience.
Sincerely,
Contractor
3. EJCDC C-700 General Conditions
Per Section 9.11 of the EJCDC C-700, upon request of the contractor, the owner shall furnish the contractor with evidence of funding for the project. Unlike the A201 and the ConsensusDocs 200, the C-700 does not mention that the contractor should hold up the commencement of work until the owner has complied with this request.
Sample Request for Proof of Funding Letter that Conforms to the EJCDC C-700
Via Hand Delivery
April 23, 20__
Owner
Address
Re: Project: Project Name
Subject: Section 9.11 Proof of Funding Request
Dear Owner,
Pursuant to Section 9.11 of the EJCDC C-700 General Conditions,
