An owner sends a formal notice to proceed by email, but the general contractor delays mobilization and files a claim that the notice was not provided in writing. As the agency construction manager, what do you recommend?

• A. Pay the claim
• B. Ignore the claim
• C. Start litigation
• D. Attempt mediation

Answer: (D)

Resolving disputes over how notice to proceed was given is best approached through early mediation before taking other steps. When the owner sends a formal notice to proceed by email, the question becomes whether that electronic notice satisfies the contract’s written-notice requirements and how the contractor’s mobilization delay and claim fit with those terms. Mediation provides a structured, confidential forum to interpret the notice provisions, hear the factual basis for the delay claim, and explore settlements or corrective actions without escalating to litigation. It’s cost-effective, faster, and helps preserve working relationships and project schedule while the dispute is analyzed. If mediation yields a clear determination that the contract requires written notice in a form not met by email, both parties can adjust course without court expenses; if not, the mediation can still narrow issues or yield a mutually acceptable resolution. Paying the claim or ignoring it sidestep the contract’s dispute framework and can create unwanted precedent or risk escalation, while litigation is costly and time-consuming and should be a last resort after ADR.