FIDIC / Legal Reference: FIDIC Red Book Clause 20.1 (1999) / Clause 20.2 (2017)
A formal written notice submitted by the contractor to the Engineer within 28 days of becoming aware of an event likely to give rise to additional payment or an extension of time. Under FIDIC, this notice is a condition precedent to entitlement — miss the deadline and the claim is extinguished regardless of its merits.
What it means in practice
FIDIC contracts require the contractor to notify the Engineer before pursuing any claim for time or money. This is not a formality — it is the contractual gateway to all entitlements. Clause 20.1 of the 1999 Red Book provides that if the contractor fails to give notice within 28 days, the Date for Completion shall not be extended and the employer shall be discharged from all liability in connection with the claim.
The notice does not need to be a detailed claim document — it is simply an alert that an event has occurred that may give rise to entitlement. Full particulars must follow within 42 days. In practice, contractors should give notice promptly, err on the side of over-noticing, and maintain a claim register tracking every potential event from the start of the project.
Where disputes arise
The 28-day time-bar is the most litigated single provision in FIDIC contracts worldwide. DIAC tribunals and UAE courts have consistently upheld it as a condition precedent, extinguishing otherwise valid claims. The most common contractor mistake is waiting until a claim is fully quantified before giving notice — by which time the deadline has long passed.
UAE Context
In UAE projects, authority approval delays, late IFC drawings, and employer-instructed variations are frequent claim events — each triggering a fresh 28-day window. Contractors must maintain a systematic notice register from project commencement.
Related terms
Missed a notice deadline or unsure whether your claim is still alive? e-Basel Consultancy reviews contractor entitlement positions across all FIDIC editions and UAE-seated disputes.
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