By Larry Lubka
I hope you are all as busy as you want to be. If you have
any time at all, for each of your projects confirm you are
on schedule, check the changes clause and review the
disputes clause. Many of you have contracts with a nasty
clause that says all untimely claims are waived. While
there are arguments that can be made to defeat such a
clause, it starts with that clause and you have to fight from
I’ve previously talked about delay claims and let me
suggest that you give notice of a claim sooner rather than
later. Also, even if you have a “no pay for delay” clause,
you should also make a claim for compensation. Even if
you are a subcontractor with a no pay for delay clause, the
general contractor may elect to pursue a claim against the
owner and will need your information.
In short, now is the time to give notice of any claim you
currently have, including any Covid-19 related claim.
Please use due care to give notice in the manner required
by the contract, to the person to whom the contract requires you to give notice and you might as well send the notice by email as well.
Laurence P. Lubka
Lubka & White LLP
Tel: (626) 301-0700