Claims » Extensions of Time

Notice Requirements for EOT Claims — Time Bars and Condition Precedents

Notice requirements are not bureaucratic formality. In many construction contracts, they are the gateway to legal entitlement. A contractor that misses the notice window may lose a meritorious claim worth millions — regardless of how genuine, documented, or causally clear the underlying delay event was.

4 min read · Updated 21/04/2026

In this article

1. Why notice is the gateway to entitlement
2. FIDIC Clause 20.1 and the condition precedent question
3. Distinguishing condition precedents from procedural obligations
4. Practical application
5. Risks and mitigation
6. Conclusion

Key takeaway

Where a notice clause operates as a condition precedent — as FIDIC Clause 20.1 does — late notice is not cured by demonstrating the merit of the claim. Entitlement is simply lost. Notice systems must be built before the project starts, not after the first delay event. Condition precedent language has been enforced consistently, including in Steria Ltd v Sigma Wireless Communications Ltd [2007] EWHC 3454.

1. Why notice is the gateway to entitlement

Construction projects move fast, and the contractual notice obligations for delay events — typically written notice within a defined period of the event becoming apparent — are routinely overlooked in the pressure of delivery. The requirement feels like administrative detail when the project is running. By the time the contractor understands its significance — typically at the point of consolidating a claim at end of project — it may be months too late.

The consequences are severe. A six-month delay event worth several million AED in prolongation costs can be lost entirely through a procedural failure that took minutes to avoid at the time.

2. FIDIC Clause 20.1 and the condition precedent question

Under NEC4, the early warning and compensation event notification obligations operate differently. A failure to notify a compensation event within the specified period (8 weeks under NEC4, Clause 61.3) results in the compensation event being assessed as if the prices and completion date were not affected — a different form of sanction but equally significant in commercial terms.

3. Distinguishing condition precedents from procedural obligations

Whether a notice requirement operates as a condition precedent depends on the precise wording of the clause. The distinction between the three following formulations is significant:

English courts have applied condition precedent language strictly in commercial contracts between sophisticated parties. In Steria Ltd v Sigma Wireless Communications Ltd [2007] EWHC 3454, the Technology and Construction Court upheld a time bar and rejected arguments based on waiver and estoppel.

4. Practical application

For contractors

Implement a rigorous delay event tracking system from project start. Every event that could constitute a qualifying delay should be logged on the day it becomes apparent, and the 28-day clock tracked automatically. Do not defer notice pending assessment of the full impact — most contracts allow notice of the event before the full claim is quantified. The notice comes first; the quantified claim follows within the prescribed detailed-particulars period.

For employers and contract administrators

Do not routinely waive late notices without understanding the consequences. A pattern of accepting late notices may itself constitute waiver of the condition precedent. Equally, refusing late notice in circumstances where the employer was fully aware of the event and suffered no prejudice from late notification may invite a challenge to the time bar’s enforceability on estoppel or unconscionability grounds.

5. Risks and mitigation

For contractors, the risk of losing a meritorious EOT and prolongation claim through failure to give notice is one of the most significant — and most avoidable — exposures in construction claims management. Build the notice system before the project starts.

• Establish a notice-obligation calendar at project start.
• Assign responsibility for notices to a designated person, not a committee.
• Implement a delay-event register that automatically flags upcoming notice deadlines.
• Train the project team on the distinction between the notice obligation (prompt) and the full claim submission (later, with particulars).

6. Conclusion

Notice requirements are contractual conditions that determine entitlement — not administrative obstacles. In contracts with clear condition precedent notice clauses, there is no substitute for timely compliance. Build the system before the project starts, because once the 28-day window has closed, it will not reopen.

Have you missed a notice?

Where a notice has been given late, recovery paths may still exist — waiver, estoppel, or contractual re-characterisation. Each depends on the specific wording and the conduct of the parties. Early review is essential.

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