More EOT claims fail on notice than on the merits. A contractor can have an unanswerable case on delay and causation and still recover nothing, because the claim notice went in late — or never went in at all. If you work under FIDIC-based contracts in the UAE, UK, or anywhere else, the notice regime deserves as much attention as the delay analysis itself.
What the contract says
FIDIC 1999 — Sub-Clause 20.1
Under the 1999 Red and Yellow Books, if the Contractor considers itself entitled to an extension of time or additional payment, it must give notice to the Engineer “as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.” The clause then states plainly that if notice is not given within 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer is discharged from all liability in connection with the claim.
FIDIC 2017 — Sub-Clause 20.2
The 2017 editions restructure claims into Sub-Clause 20.2 and apply the same 28-day notice to both parties. They add a fully detailed claim requirement within 84 days, a mechanism for the Engineer to flag a late notice, and a route for the late party to argue that late submission should be excused in the circumstances. The discipline required, however, is unchanged: diarise the deadline and serve the notice.
Is the time-bar really enforceable?
Generally, yes — treat it as if it is. English courts have upheld clear conditions precedent, and in Obrascon Huarte Lain v Gibraltar the court confirmed the Sub-Clause 20.1 notice can be triggered either when the delay event occurs or when its delaying effect emerges — which can helpfully extend the practical window, but does not remove the bar. In the UAE, contractors sometimes argue that a strict time-bar conflicts with Civil Code principles of good faith or unlawful exercise of rights, and tribunals have occasionally granted relief — but that is an uphill argument to run in a dispute, not a strategy to plan around.
What a good notice looks like
FIDIC does not prescribe a form, but an effective notice should:
- be in writing, addressed and delivered as required by the notices clause (check Sub-Clause 1.3 — method and address matter);
- identify the event or circumstance giving rise to the claim, clearly and specifically;
- state that it is a notice of claim under the relevant sub-clause, and that the Contractor considers itself entitled to EOT and/or additional payment;
- be given per event — do not rely on a previous notice covering a new cause of delay; and
- be logged in a claims register with the date of awareness, the 28-day deadline, and the follow-up deadlines for particulars.
Keep the notice factual and neutral in tone. A notice is not the claim itself — it preserves the entitlement; the detail follows.
The obligations that continue after the notice
Serving the notice is the start, not the end. Under 1999 Sub-Clause 20.1 the Contractor must also keep contemporary records, submit a fully detailed claim within 42 days of awareness, and provide monthly updates where the effects are continuing, with final particulars within 28 days of the end of the effects. The 2017 editions extend the fully detailed claim period to 84 days but add a sting: failure to state the contractual basis of the claim in time can itself invalidate the notice. Build these deadlines into your claims register alongside the notice date.
Practical tips for contractors
- Notify early and liberally. If in doubt whether an event will cause delay, notify. A protective notice costs a page; a missed one can cost the claim.
- Train site teams to recognise notifiable events — instructions, late drawings, access restrictions, unforeseen conditions — and escalate the same day.
- Do not let commercial relationships silence notices. A professional, well-drafted notice is contract administration, not aggression.
- Track awareness dates. The clock runs from when you became — or should have become — aware, which may be earlier than you would like.
- Mind the employer’s claims too. Under the 2017 forms, the Employer is subject to the same regime — check their notices for compliance as rigorously as your own.
How we can help
Logic Line Consultancy sets up claims registers and notice protocols at project start, drafts and reviews claim notices, and prepares the fully detailed claims that follow. If you have a live event on site and the 28 days are running, contact us today — the earlier we are involved, the more entitlement we can protect.