Section 4.8.2.1 Types of Claims Governed
| Library | Construction Law Practice Manual 3rd Edition 2016 |
§ 4.8.2.1 Types of Claims Governed
The notice of claim requirements apply only to claims for damages, and do not impact the litigation of claims for injunctive or declaratory relief.3 This is consistent with the purpose of the statute, as it is designed to allow the possibility of settlement before litigation and “to assist the public entity in financial planning and budgeting.”4 Claims in this context include class action claims for money damages, and these claimants must also comply with the notice of claim requirements.5
If a claim contains allegations for both damages and injunctive relief compliance with the...
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