1. Alabama Building Commission General Conditions, Form C-8
Key Provisions in the ABC General Conditions
Kevin R. Garrison, Esq., LEED AP BD+C
Phone:

2. Notice Pitfalls Pay close attention Timing Required content
Required recipients
Strict compliance required
Follow them (as best you can)

3. Notice Provisions for Extra Work Claims
Article 20 – Triumvirate of 10 Day Notices
"If the Contractor considers any instructions by the [Architect] to be contrary to the requirements of the Contract Documents and will involve extra work and/or cost under the Contract, the Contractor shall give the Architect written notice thereof within ten days after receipt of such instructions, and in any event before proceeding to execute such work.“
Architect has 10 days to respond in writing
If directed to proceed, Contractor must provide second written notice in writing within 10 days that it intends to file a claims

4. Other Notice Pitfalls
Errors, omissions, or inconsistencies in the Contract Documents discovered by Contractor (Article 7)
Must promptly report via written RFI
If Work performed without this written notice, Contractor must pay the resulting damages that would have otherwise been avoided
Differing site conditions (Article 21)
Written notice 10 days after discovery

5. Other Notice Pitfalls Claims for damages (Article 22)
Written notice “within a reasonable time after discovery”
Claims for delay (Article 23)
Written notice within 10 days after delay first occurs
Weather delay: within 21 days after the end of the month in which the delay occurs
Surety claims (Article 27.A.3) – within 21 days after recognizing a claim that may have prejudiced the rights of the surety

6. Contractor’s Cure Opportunity Before Termination
Contractor’s Opportunity to Cure Before Termination (Article 27)
Fairly contractor friendly
“Reasonable” time period to cure, but not less than 10 days
Does not require a complete cure within time period:
must only proceed and satisfactorily “continue to cure,” OR
provide written notice to Architect that satisfactory “positive action” is in process to cure
Only one shot: if condition returns after first cure, no further cure opportunities

7. Release of Claims by Contractor at Final Payment
Contractor must execute a release of claims and liens EXCEPT claims that have been previously made in writing and may be excepted from the release
Acceptance of Final Payment by Contractor operates as a waiver of claims by Contractor except those previously made in writing and identified by Contractor as unsettled at the time of the final pay application
Owner’s final payment waives claims against Contractor EXCEPT: unsettled liens, non-complying Work, warranties and indemnities, and latent defects.

8. The End
Questions?

9. Alabama Building Commission General Conditions, Form C-8
Key Provisions in the ABC General Conditions
Kevin R. Garrison, Esq., LEED AP BD+C
Phone: