The 72-Hour Deadline That Destroys Deals
Why One Missed Notification Can Cost You Everything
Expert Insights from Cope C. Thomas, Attorney
25+ Years • Billions in Contracts • Columbia University Instructor
As someone who has taught contract negotiation to executives at Columbia University and handled billions in complex deals, I’ve seen careers destroyed by a single missed deadline.
Picture this scenario: Your project hits an unexpected snag. Contaminated soil. Design changes. Regulatory shifts. Additional work is clearly needed, and everyone knows it. Informal conversations happen. Emails fly. Meetings are held.
But buried in your contract is a ticking time bomb: “Written notice must be provided within 72 hours” or “no later than 21 days.”
⏰ The Brutal Reality: Miss that deadline—even by one day—and your right to compensation vanishes. The clock starts ticking the moment you spot the need for change, and it doesn’t care about your good intentions or informal agreements.
The stakes couldn’t be higher: consent to new liabilities, price increases, schedule delays—all hanging by the thread of proper notification procedures. In high-stakes Fortune 500 projects, a single missed notification spirals into finger-pointing, budget blowouts, and legal warfare.
That’s why elite contractors never rely on “they knew what was happening”—they follow the iron-clad written notice requirements that protect their right to get paid.
A party to a contract may be unaware of the need for changes required for the project absent notification from the other party. To ensure this communication (and ensure the creation of a mutually agreed to written change order) contracts frequently require that the party unaware of the needed change (usually the buyer) must first receive official written notice from the other party which discovered the needed change (usually the seller). The purpose of the written notice of the needed change is to obtain the unaware party’s informed consent to the potential increase in its liabilities. Such notice usually must be provided “promptly”, “immediately”, “within 72 hours”, and so on.
🚨 Legal Disaster: When “Everyone Knew” Wasn’t Enough
The Situation: Contaminated Soil Discovery
A contractor discovered contaminated soil during excavation—requiring immediate removal and additional costs. Everyone knew the work was necessary. Meetings were held. Emails were exchanged. The owner was fully aware of the situation and the additional work being performed.
The contractor proceeded with the critical remediation work, then sued for the added costs.
⚖️ The Contractor’s Argument: “The owner had constructive notice through meetings and emails—they knew exactly what was happening.”
The Court’s Response: “Not good enough.”
The devastating verdict? The court sided with the owner, pointing to a clear contract clause requiring written authorization. Mere awareness, the court held, isn’t enough—only formal written notice protects the right to get paid.
💡 Expert Analysis: “I’ve seen this exact pattern destroy contractors repeatedly in my 25+ years of practice. The tragic irony? A simple written notice—following the contract’s exact requirements—would have preserved their entire claim. In contract law, procedural compliance isn’t optional—it’s everything.”
Don’t Forfeit Your Claims Before You Know You Had One
In the world of contracts, informal nods and hallway conversations won’t cut it.
Failing to give timely written notice of a change can cost you everything—even if the other side knew the work was happening. If you want to protect your right to extra payment or schedule relief, you need more than awareness—you need proper authorization procedures.
🎯 Executive-Level Contract Expertise Without the Executive Price Tag
Get the same notification and change order strategies I’ve taught to Fortune 500 executives at Columbia University—without paying my usual $200/hour rate. This comprehensive guide shows you how to structure your contracts and project practices to avoid forfeiting claims through procedural mistakes that destroy even valid cases.
✅ No obligation consultation • ✅ Columbia University instructor • ✅ 25+ years expertise
Protect your next change order before it’s too late