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FAILURE TO ITEMIZE DAMAGES WAIVED CONTRACTOR’S CLAIM
Under the terms of a standard state contract, a timely notice of claim, while a prerequisite, was not enough. The contractor also had to furnish a certified, itemized statement of damages. Failure to do so constituted a waiver of the claim.
CLAIM NOTICE REQUIREMENT STRICTLY ENFORCED
A requirement for timely written notice of extra work was strictly enforced. In the absence of such notice, a contractor could not recover payment for extra work even though the public project owner’s inspector was aware of the work as it was being performed.
CLAIM NOTICE SUFFICIENT DESPITE LACK OF BREAKDOWN
A statutory requirement for a “full itemized statement” in a notice-of-claim did not mandate anything more than a statement of the precise total amount demanded. The contractor’s notice did not need to categorize or otherwise break down the elements of the claim.
E-MAIL SATISFIED SITE CONDITION NOTICE REQUIREMENT
A differing site conditions clause did not specify the method or manner of giving notice. E-mail correspondence, while not formally labeled as notice, was sufficient.
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