Preliminary Notice Of Claim Template for Philippines

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Key Requirements PROMPT example:

Preliminary Notice Of Claim

"I need to draft a Preliminary Notice of Claim for our Metro Manila residential development project, where unexpected soil conditions discovered on March 15, 2025, have caused significant foundation work delays, and I need to notify the project owner about potential time and cost impacts."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Construction

Infrastructure

Real Estate Development

Engineering

Government and Public Works

Transportation

Energy

Industrial Development

Commercial Development

Residential Development

Relevant Teams

Legal

Project Management

Contract Administration

Claims Management

Construction Operations

Project Controls

Commercial

Engineering

Quality Assurance

Document Control

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Claims Manager

Project Director

Site Engineer

Quality Control Manager

Project Controls Manager

Commercial Manager

Legal Counsel

Cost Engineer

Planning Engineer

Risk Manager

Document Controller

Project Coordinator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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