In FIDIC construction contracts, the issuance of timely notices is a fundamental requirement that directly affects a party’s contractual rights. Many entitlements such as Extension of Time (EOT), additional payment, or compensation depend on strict compliance with notice provisions. Failure to issue notices within the required time limits can result in the loss of claims, even if the underlying event is valid. Below are the key notices commonly required under FIDIC contracts, presented in paragraph form with clear bullet points for ease of reference.
⏱️ Notice of Claim (EOT or Additional Payment)
The Notice of Claim is one of the most critical notices under FIDIC, typically related to Extension of Time or additional cost claims. It must be issued promptly after the Contractor becomes aware of the event giving rise to the claim.
- Must be submitted within 28 days of awareness of the event
- Applies to EOT claims, additional payment, or compensation events
- Failure to notify within time may result in loss of entitlement
🧾 Fully Detailed Claim Submission
After submitting the initial notice, the Contractor must provide a complete and substantiated claim with full supporting documentation.
- Typically due within 42 days (FIDIC 1999) or 84 days (FIDIC 2017)
- Must include delay analysis, cost breakdown, and supporting evidence
- Required for Engineer’s evaluation and determination
🏗️ Notice of Variation or Instruction Impact
When an Engineer’s instruction affects cost, time, or scope, the Contractor should issue a notice highlighting the impact.
- Must be issued without delay / as soon as practicable
- Used to notify potential time and cost consequences
- Important for preserving rights to valuation and EOT
⚠️ Notice of Unforeseeable Physical Conditions
If unexpected site conditions are encountered, such as unsuitable ground or hidden obstructions, a formal notice is required.
- Must be given within 28 days of encountering the condition
- Supports claims for additional cost and/or EOT
- Common in excavation, foundation, and earthworks
⛔ Notice of Delay Affecting Completion
When an event is likely to delay project completion, the Contractor must inform the Engineer promptly.
- Must be issued within 28 days of awareness of delay event
- Supports Extension of Time claims
- Helps establish causation and critical path impact
🔧 Notice of Suspension of Works
If the Contractor suspends work due to Employer default (such as non-payment), proper notice must be issued.
- Usually required within 21–28 days depending on contract conditions
- Must state reasons for suspension
- Protects rights to claim delay and cost consequences
🛑 Notice of Termination
Termination under FIDIC requires strict compliance with notice procedures and specified waiting periods.
- Typically 14 to 28 days notice period, depending on default type
- Must clearly state contractual grounds for termination
- Non-compliance may invalidate termination action
📌 Conclusion
In FIDIC contracts, notices are not merely administrative formalities but essential legal requirements that protect contractual rights. Proper and timely issuance of notices ensures that claims for time and cost are valid and enforceable. Effective contract management therefore depends heavily on disciplined notice administration, accurate documentation, and strict adherence to contractual time limits.
