Today’s Contract Change is an important one having to do with Notice provisions in the AIA A201. [For yesterday’s post discussing Change #7, click here].
Recognizing that we live and work in the electronic age, the A201 now allows written notice to be given electronically.
Written notices can be sent in person, by mail, by courier, or by electronic transmission. (Section 1.6.1). The default for establishing requirements for the giving of Notice (EXCEPT Notice of Claims, discussed below) is the use of AIA Document E203-2013, the Building Information Modeling and Digital Data Exhibit. Alternatively, the parties can use a fill point in Article 12, special terms and conditions.
When establishing an Electronic notification procedure, you should make sure that there is a system in place to capture emails sent to departing employees or others that might otherwise go into the “electronic void”.
Notices of Claims (under Article 15) cannot be by electronic methods. Instead, they need to be made by certified or registered mail, or by a courier that provides proof of delivery. This makes sense, since Claims notices are the most important notices and can effect substantial rights, so proof of delivery is required.
There is one more Notice provision with changes, dealing with Financial Arrangements by the Owner. Rather than write a book here, we’ll discuss those tomorrow, in Change #6, part B. Stay tuned.