Most construction contracts contain provisions purporting to bar a party’s claim for failure to comply with the notice provisions in the contract. These provisions are referred to as conditions precedent or time bars. Typically, such provisions are along the lines that should a party fail to issue a notice within a certain specified timeframe of becoming aware (or should have become aware) of event giving rise to a claim, the other party is discharged from all liability in connection with that claim.
Often disputes arise regarding whether a particular provision is a condition precedent. In Tata Consultancy Services Limited v
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