Your First Lifeline in a Federal Claim: Proper Notice

Write a notice letter that actually preserves your rights!

On federal jobs, one of the fastest ways to lose time or money is to skip, delay, or botch your notice. The contract gives you relief for changes, differing site conditions, and suspensions, but only if you notify the government promptly and properly. The Contract Disputes Act also requires disciplined, written communication that builds toward an equitable adjustment or claim if needed.

You do not need to explain every detail in your notice letter. You do need a timely, factual letter to the Contracting Officer that ties the facts to the relevant FAR or contract clause and asks for direction. The U.S. Army Corps of Engineers’ (USACE) official guidance and handbooks reinforce the same culture of disciplined contract administration, roles, and documentation.

The 10 Parts of a Proper Notice Letter

1. Header and recipients. Address the Contracting Officer (KO) by name and title. Copy the Administrative Contracting Officer (ACO), Contracting Officer Representative (COR), Quality Assurance Representative (QAR), and other Resident/Area Office staff as appropriate. Confirm correct routing using your contract’s notices clause and local USACE instructions. This is usually documented in the Pre-Construction Meeting Minutes.
2. Subject line. Use a unique and descriptive subject line, not a generic subject line like “Notice of Change,” to avoid complicating the official record. An example of a good subject line is “Notice of Differing Site Condition, Contract W912XX-24-C-0012, Pier 3 Pile Driving, STA 10+50.”
3. Contract identifiers. Include the contract number, project name, Contract Line Item Number(s) (CLIN) (if relevant), specification section(s), drawing references, and location by stationing or grid. The government expects specificity to support changes and negotiations later.
4. Clause and entitlement hook. Cite the operative clause right up front. Common clauses cited are FAR 52.236-2 (Differing Site Conditions), FAR 52.243-4 (Changes), FAR 52.249-10 (Default), and FAR 52.242-14 (Suspension of Work). This puts the government on clear notice of legal basis for relief.
5. What happened, where, and when. Be factual and chronological: who discovered it, date and time, exact location, photos or logs attached, submittals or RFIs implicated. Include as much information as possible without making up anything.
6. Causation and impacts (known and expected). Briefly state how the event affects scope, access, sequencing, productivity, safety, quality, and schedule. Reference the activity IDs on the latest updated CPM schedule and note potential critical path effects. You can refine numbers later. The purpose of the notice is about preserving rights.
7. Direction requested. Ask for written direction: proceed with a specific workaround, await a modification, or stop a specific operation. Confirm that you will avoid unauthorized changes absent KO direction.
8. Reservation of rights. Reserve the right to seek time and costs via an equitable adjustment or claim once full impacts are known.
9. Mitigation and cooperation. List immediate mitigation taken or proposed. Invite a site meeting. USACE quality policy requires a cooperative, professional working relationship while protecting contractual positions.
10. Attachments and follow-up. Attach photos, logs, test data, survey data, markups, and Submittal/RFI cross-references. State when you can provide a preliminary rough order of magnitude estimate of the impact, to include preliminary schedule analysis.

Who Receives the Letter: KO vs. ACO vs. COR
Getting this part right protects you from the “we never got proper notice” defense.

Contracting Officer (KO). The KO is the main government official with authority to enter into, administer, or terminate the contract and make related determinations. In plain English, the KO is the one who can bind the government. You can never go wrong addressing notice letters to the KO, if there is a question or uncertainty as to who has authority.

Administrative Contracting Officer (ACO). The ACO may perform contract administration functions listed in FAR 42.302, but only within the limits of their warrant and delegation. The ACO is required to display their warrant prominently in their office and should also have sent a delegation letter to you (the contractor) when the Contracting Officer (KO) appointed them to the contract. This letter specifies which contract administration functions are their responsibility. Best practice is to have the KO confirm the ACO is to receive notice letters for those admin functions, typically FAR 52.236-2 (Differing Site Conditions), FAR 52.243-4 (Changes), and FAR 52.242-14 (Suspension of Work). Usually this is discussed at the Pre-Construction Meeting.

Contracting Officer’s Representative (COR). The KO appoints the COR to support contract administration. A COR cannot make commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions. CORs are your day-to-day interface, not your source of contractual direction. Do not address notice letters to them. The COR, however, should be CC’d on all correspondence.

Quality Assurance Representative (QAR). The QAR monitors and documents the contractor’s quality control program. The QAR performs site visits and inspections and participates in the Three-Phase Inspection Process. QARs cannot make commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions. Do not address notice letters to them. The QAR could be CC’d on all correspondence, though, as a courtesy.

Rules to Keep You Safe

• If the clause says “Notify the Contracting Officer,” address the letter to the KO. That satisfies the contract.
• If the KO has delegated a specific matter to the ACO in writing, then you can send the notice to the ACO.
• Never rely on a COR email as contractual direction. Thank the COR, then ask the KO/ACO for written direction or a modification. Your notice letters and any request for direction should go to the KO or ACO, with COR and Resident/Area Office on copy.
• For field emergencies that implicate safety or protection of work, call the onsite government rep immediately, then send same-day written notice to the KO/ACO, copying the COR and QAR. Next, send your formal letter, using our Notice Letter Template.
• Unsure who has authority? Default to the KO. It is impossible to over-notify the KO. It is very possible to under-notify the KO.

Do This, Not That

• Do send notice promptly. Many clauses require written notice “promptly” or within a stated number of days. Late notice can defeat or limit recovery. Check your contract’s exact timing and follow it.
• Do write to the KO. Copy the ACO, COR, QAR and any other key personnel identified at the Pre-Con.
• Do connect facts to a FAR or contract clause and ask for direction.
• Don’t wait to submit notice until you have a full cost package. That comes later.
• Don’t perform extra work without KO direction or a signed mod, unless the clause expressly requires continuation for safety or protection of work.
• Don’t turn notice into the actual REA/claim submission. Keep it factual, objective, professional, and to the point.

Download a Notice Letter Template here.

ADDITIONAL RESOURCES

Blog

Discover industry insights on construction disputes and claims, project management, risk analysis, and more.

MORE

Articles

Articles by our engineering and construction claims experts cover topics ranging from acceleration to why claims occur.

MORE

Publications

We are committed to sharing industry knowledge through publication of our books and presentations.

MORE