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Preliminary Notice Of Claim for Philippines

Preliminary Notice Of Claim Template for Philippines

A Preliminary Notice of Claim is a formal document used in the Philippine construction industry to notify relevant parties of potential claims arising from project-related events or circumstances. This document serves as an initial notification under Philippine construction law and contract requirements, typically preceding a detailed claim submission. It outlines the basic elements of the potential claim, including the event description, date of occurrence, and preliminary assessment of impacts. The document is crucial in preserving the claimant's rights and complying with contractual notice requirements under Philippine jurisdiction, particularly as governed by the Construction Industry Arbitration Law and related regulations.

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What is a Preliminary Notice Of Claim?

The Preliminary Notice of Claim is a critical document in Philippine construction project management and dispute resolution processes. It serves as the initial step in the formal claims procedure, required by most construction contracts and Philippine law to notify other parties of potential claims for additional time, costs, or other impacts. This document must be submitted within the timeframes specified in the contract to preserve the claimant's rights. The notice typically precedes a more detailed claim submission and provides essential information about events or circumstances that may lead to claims. Under Philippine jurisdiction, the proper submission of a Preliminary Notice of Claim is often a contractual condition precedent to pursuing a formal claim, making it a crucial document in the claims management process. The format and content requirements are generally governed by the specific contract terms, the Civil Code of the Philippines, and construction industry regulations.

What sections should be included in a Preliminary Notice Of Claim?

1. Header Information: Project name, contract reference number, date, and addressing details of both parties

2. Subject Line: Clear indication that this is a Preliminary Notice of Claim with reference to the relevant contract clause

3. Project Identification: Details of the construction project including location, contract number, and relevant dates

4. Event Description: Detailed description of the event or circumstance giving rise to the potential claim

5. Date of Event: Specific date or period when the event occurred or was first noticed

6. Contract Reference: Reference to specific contract clauses that support the basis of the claim

7. Initial Impact Assessment: Preliminary evaluation of time and/or cost impacts

8. Notification Statement: Formal statement of intention to submit a detailed claim in accordance with contract provisions

What sections are optional to include in a Preliminary Notice Of Claim?

1. Mitigation Measures: Description of steps taken or proposed to minimize impact - include when active mitigation efforts are underway

2. Third Party Involvement: Details of any third party actions or decisions affecting the claim - include when external parties are involved

3. Extension Request: Preliminary request for extension of time - include when time impacts are immediately apparent

4. Safety Implications: Description of any safety concerns - include when safety issues are involved

5. Weather Conditions: Details of weather conditions - include when weather is a contributing factor

What schedules should be included in a Preliminary Notice Of Claim?

1. Appendix A - Event Timeline: Chronological sequence of relevant events leading to the claim

2. Appendix B - Supporting Photographs: Visual evidence of the event or condition causing the claim

3. Appendix C - Relevant Correspondence: Copies of previous communications related to the event

4. Appendix D - Contract Excerpts: Relevant sections of the contract supporting the claim

5. Appendix E - Initial Cost Estimates: Preliminary calculation of potential cost impacts

6. Appendix F - Progress Records: Current progress status and documentation showing impact on schedule

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Philippines

Document Type

Lien Notice

Cost

Free to use

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