b'BENCHMARKSThe Judge reviewed the law in Canada and commented that Courts have applied varying levels of strictness to the application of notice provisions. The Judge further commented that where parties to a Contract agree to a specific time period, it should be expected that a Court will be more likely to apply the clause strictly. However, where parties use more open-ended words such as timely notice or within a reasonable time, there may be greater latitude to do justice between the parties. Finally, he noted that the trend in construction matters involving notice, based on his review of the law, is to enforce the provisions the parties freely agreed upon, even if they may ultimately prove to be onerous. After reviewing the specific facts of the case, the Judge decided that the general contractors claim for the room and board costs was barred by the provisions of the Contract. The decision found that the general contractor was aware of the specific costs it was incurring well before substantial completion and its failure to give the notice deprived the subcontractor of a meaningful opportunity to deal with the concerns. Other claims of the general contractor were allowed to proceed, but those claims required a further evidentiary foundation of all relevant circumstances to determine if the notice provided was within a reasonable time. Because the subcontractors claim resembled simply a reaction to the claim by the general contractor and did not meet the provisions of the Contract, it wasalso barred.This recent Manitoba case provides a timely and sober reminder of the potential impact of notice provisions. Although consideration will be made of all relevant factual circumstances and the specific provisions in the Contract, it should be expected that a Court will enforce the contractual agreement reached between the parties, even if it may be onerous.Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.Issue 4WinterEdition 2019/2020 BUILD MANITOBA 27'