Signed, sealed but undelivered – the art of serving notices correctly

Serving notices correctly is a critical element of construction contracts. To avoid costly mistakes, it is essential to ensure that any notice is compliant and properly served.

The following tips should be considered when serving any contractual notice:

1. Method – Does the contract allow notices to be served by email, or just by post? Does a postal notice have to be sent special/recorded delivery, or is first class post sufficient? When is the notice deemed to have been delivered under the contract (e.g. on the day of delivery, second working day following postage etc.)?
2. Timescales – Is there a required waiting period before certain notices may be served (e.g. termination notices), or a deadline by which notices must be served (e.g. payment or pay less notices)?
3. Recipient – Must the notice be addressed or sent to a particular individual? Is the email address or registered office address current and correct?
4. Format – Is a particular form required for the notice? Is there a template appended to the contract? Must the notice include specific project or reference numbers, or refer to particular contractual clauses?
5. Records – Maintaining accurate records of all notices served is essential. If serving by:
   • Email – request a read receipt and save a copy of the sent email in a suitable location.
   • Post – scan and save a copy of the notice before posting, retain receipts as proof of postage, and use tracking numbers to monitor delivery.

If you would like further information about construction contracts and service of valid notices, please contact a member of our construction team.