More claims fail because of defective notices than because of defective analysis. Under FIDIC 2017, the notice requirements are stricter and more consequential than ever before. A valid claim with perfect substantiation is worth nothing if the notice was late, informal, or issued under the wrong clause. This article is a practical guide to getting notices right.
Why notices matter more under FIDIC 2017
FIDIC 2017 elevated the 28-day notice requirement from a debated procedural step to an explicit condition precedent under Clause 20.2.1. This means that failure to issue a timely and proper notice does not merely weaken your claim — it extinguishes it entirely. There is no discretion for the Engineer or tribunal to overlook a missed notice. The entitlement is simply gone.
This is the single most important change for contractors transitioning from FIDIC 1999 to 2017. Under the 1999 edition, the status of the notice requirement as a condition precedent was debated across jurisdictions, with some courts and tribunals taking a more lenient view. FIDIC 2017 removes all ambiguity.
The 28-day rule
The contractor must give notice within 28 days of the date on which the contractor became aware, or should have become aware, of the event or circumstance giving rise to the claim. The 28 days begins from awareness of the event — not from when you can quantify its impact. If a variation is instructed on March 1st, the 28-day clock starts on March 1st, even if you do not yet know how many days of delay it will cause. Do not wait until you have completed your analysis to issue the notice. Issue the notice first, analyze later.
What constitutes a valid notice
Under FIDIC 2017 Clause 1.3, a "Notice" must be in writing, identified as a notice, and state the specific Sub-Clause under which it is given. An informal email saying "we are experiencing delays due to late drawings" is not a valid notice — even if it accurately describes the situation. A valid notice should be titled clearly (e.g., "Notice of Claim under Sub-Clause 20.2.1"), state the Sub-Clause under which it is issued, describe the event or circumstance giving rise to the claim, state that the contractor intends to claim an extension of time and/or additional payment, and be delivered through the contractually specified communication channel.
The 84-day detailed claim
After the initial 28-day notice, Clause 20.2.4 requires the contractor to submit a fully detailed claim within 84 days of becoming aware of the event. This detailed submission must include the contractual basis, detailed particulars, and supporting documentation. If the claim relates to ongoing events, a fully detailed interim claim is required within 84 days, with monthly updates thereafter.
Employer's notice obligations
FIDIC 2017 also imposes notice requirements on the employer. Under Clause 20.1, the employer must give notice of claims against the contractor within 28 days of becoming aware of the relevant event. This is a significant change from FIDIC 1999 and creates symmetry in the notice regime. Contractors should be aware of the employer's notice obligations and monitor compliance — a late employer notice may invalidate an employer counterclaim.
Practical notice management system
On any FIDIC 2017 project, implement a systematic notice management process from day one. Maintain a notice register tracking all notices issued and received with dates. Set internal deadlines at 14 days (for early warning) and 21 days (for final review) after becoming aware of any event. Assign a single person responsibility for notice management — typically the contracts manager or project controls lead. Use standardized notice templates that include all required elements. Copy relevant project files and correspondence with each notice for a complete record. Review the notice register weekly as part of the project team meeting.
Common notice failures
Issuing notice after 28 days, even by one day, is fatal to the claim. Using informal communication instead of a formal notice letter means the notice does not meet the Clause 1.3 definition. Failing to identify the specific Sub-Clause creates ambiguity about the contractual basis. Issuing a generic notice that does not describe the specific event prevents the Engineer from assessing the claim. Not following up with the 84-day detailed claim allows the notice to lapse.
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