FIDIC / Legal Reference: FIDIC Red Book Clause 20 (1999) / Clauses 20-21 (2017)
The procedural regime governing contractor claims for additional time and payment under the FIDIC Red Book. Clause 20 is the gateway to all contractor entitlements and imposes strict notice and substantiation requirements that, if not followed, result in the claim being extinguished regardless of its merits.
What it means in practice
The Clause 20 procedure requires the contractor to: give notice within 28 days of becoming aware of a claim event; submit full particulars within 42 days; receive a determination from the Engineer; and if dissatisfied, refer to the DAB within 28 days of the determination. Each step has its own deadline, and failure at any step can forfeit the claim.
The 2017 edition reorganises the claims procedure across Clauses 20 and 21, introducing a more balanced regime where both employer and contractor claims are subject to similar notice requirements, and where the Engineer’s role in facilitating agreement is more explicit.
Where disputes arise
Clause 20 of the 1999 Red Book is the single most litigated provision in construction arbitration worldwide. The 28-day time-bar has extinguished enormous sums of otherwise valid contractor entitlements in UAE and internationally. DIAC tribunals apply it strictly.
UAE Context
UAE-seated arbitrations under DIAC and ICC rules regularly turn on Clause 20 procedural compliance. Legal practitioners consistently advise contractors to maintain a live claims register and give notices as a matter of routine project administration.
Related terms
Clause 20 compliance requires active project management from day one. e-Basel provides contract administration support, claims preparation, and expert witness services across all FIDIC editions.
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