ART - Unwitting Waivers of Delivery Dates 2011

This document discusses the importance of contract administration practices in order to avoid the unintentional waiver of performance requirements in contracts. It emphasizes the need for early communication regarding delinquent performance obligations and cautions against the use of "show cause" letters, which may invoke the waiver doctrine if they encourage additional performance after delivery. The document suggests seeking legal advice to reestablish reasonable delivery dates and settle related price adjustment or changes issues through a written contract amendment. It also mentions that different rules apply to supply and service contracts compared to construction contracts. The author, Richard Pennington, who has experience in procurement and contract law, advises readers to consult with their lawyer about contract administration practices to prevent the unwitting waiver of performance requirements.