b'BENCHMARKSWhen significant communication iscommunication channels andof new communication tools while also sent outside of these contractualregularly monitor for complianceensuring that project and contractual requirements, there is a risk to bothwith contractual requirements. communication requirements are met, partieseither that it will not beCONCLUSION construction industry participants recognized as a valid contractual notice,Text messaging and other informalcan avoid the risk and uncertainty of or that it will be recognized as notifyingmessaging platforms offer speedcontract by emoji. the required party even though it did notand simplicity to meet the fast-pacedThe lawyers at MLT Aikins have the follow the proper contractual channels.demands of todays constructionexperience and knowledge to assist you In some contracts, where a notice isprojects. However, relying on themduring each phase of your project, from only required to be given in writing to afor important project communicationcontract drafting and negotiation through specific person, a text message to thatcreates legal, commercial andto any disputes. The information in this person may be considered valid notice. contractual risks. By implementingarticle is a general summary and is notOverall, one of the biggest risks is theprocesses that acknowledge the realitylegal advice.time and expense that must be taken to both review hundreds of project-related text messages and then advance legal arguments on these issues in courtor arbitration.BEST PRACTICES FOR CONSTRUCTION PROJECT COMMUNICATIONSeveral steps can be taken to limit the risk of unintended consequences of using informal communication channels on a construction project:1.Always enter formal, writtencontracts that are well understood by both parties. Contracts and contract amendments, such as Change Orders, should beproperly recorded.2.Review and familiarize projectteam members with the specific contractual notice requirements for the project, including who the communication must be sent to and how it must be sent (physically by personal service, courier, fax,email, etc.).3. Remove notice requirements from the contract that are difficult or unlikely to be met (i.e. do not agree to fax-based notice if you do not regularly check your fax machine).4.Encourage the use of properlyrecorded messaging systems for project communication and have these backed up or filed in the right place in your internal file system.5.If important messages are sent over a less-formal channel, ensure that they are recorded again under the proper and required communication channels.6. Reiterate to all team members the importance of utilizing the correct Issue 3 | Fall Edition | 2023 BUILD MANITOBA 29'