[CLC-Discussion] Chapter 558 Notice of Defect

[fred.dudley at hklaw.com]

While both 553.004(4) and (7) appear to mandate a response ("must"), (6) permits the claimant to proceed with suit or arbitration if contractor does not timely respond. In addition, pursuant to (15) some subsequent discovery sanctions MAY be available to the claimant to the extent documents are not provided by the contract.

I'm not sure if evidence of the contractor's failure to respond can is relevant and admissible, but the owner will probably want to allege timely and proper service of this notice.

Frederick Dudley | Holland & Knight
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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Tracye
Sent: Friday, June 01, 2012 2:54 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Chapter 558 Notice of Defect

Can anyone tell me the practical effects of failing to respond to the notice of defect? (if entity receiving notice does not want to inspect or fix the problem)

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