The Courtesy of Notice: Why Contractual Time-Bars Actually Save Relationships

One of the most useful tools in a FIDIC contract is also one of the most misunderstood.

The idea behind FIDIC notice requirements is simple. If something happens that could lead to a claim for more time or money, tell the other side within 28 days of finding out. That’s Sub-Clause 20.1 in the 1999 books. The 2017 edition keeps the same idea in Sub-Clause 20.2.1, and older forms did something similar in Clause 44 for extensions of time.

Many people see this as a technical trap. It isn’t. The contract exists to keep projects moving and relationships healthy. It turns possible disputes into early conversations, while there is still room to find practical answers.

This is the kind of practical insight we share through our Contract Advisory work.

Why the Notice Exists

Picture a common scene.

Something goes wrong on site. A design change arrives late. The ground turns out to be different from what was expected. Access is delayed. The contractor’s team feels it straight away, but they quietly absorb the cost and the delay. They hope it will sort itself out, or they wait until they know the full picture. Nobody is being sneaky. Site teams are busy, and sending a formal notice can feel like picking a fight.

Weeks go by. Sometimes months. Then a formal claim lands with a big number on it.

Now the engineer and employer are caught off guard. The records are patchy. Memories have faded. Some of the people who were there have moved on. Everyone digs in. What could have been a simple chat about fixing a problem becomes an argument about blame and money.

The notice clause is there to stop this story from repeating. It prompts an early, honest conversation: “Something has happened. It might affect time or cost. Let’s talk about it now, while the facts are fresh and we still have options.”

That’s not a trap. It’s good manners and good project management.

Four Ways Early Notice Helps

When a notice goes in on time, good things follow.

You can still fix the problem. The engineer might change the sequence of work, issue a variation, or free up access somewhere else. Once the work is done and the money is spent, those choices are gone.

Records are easier to agree on. Both sides can look at the same facts while they are still clear. It’s much easier to agree on a daily record of labour, plant and progress on the day than to rebuild it from memory a year later.

Trust stays intact. Surprises hurt relationships more than almost anything else on a project. An early notice takes the surprise away, even when the news isn’t welcome.

Claims get settled faster and more fairly. Late claims often turn into long, costly arguments simply because the trail has gone cold.

So the time-bar isn’t there to punish the contractor. It’s there to keep both sides in the same room, dealing with what’s really happening.

A Notice Is Not a Claim

Many people hesitate because they think a notice has to be a fully worked-out claim. It doesn’t.

A notice is a flag. It says what happened, describes it briefly, and says time or money may be affected. The details come later. Under the 1999 books, the contractor sends full particulars after the notice. The 2017 edition spells this out more clearly: a notice within 28 days, then a fully detailed claim within 84 days of becoming aware of the event.

This takes the pressure off. The contractor doesn’t need to know the final cost or the final delay. It just needs to say, early, that something has happened that may matter.

Think of It as the First Step in Teamwork

Lots of teams treat the 28-day notice as a legal formality, something the contracts manager does to protect the claim. That’s only half the story.

A better way to see it is as the first step in solving a problem together. It says, “We have a shared problem. Let’s put it on the table now.”

When both sides think this way, the tone of the conversation changes. Instead of “You missed the deadline, so your claim is dead,” it becomes “How do we limit the damage and keep the job moving?”

That change in attitude is what saves relationships.

What a Good Notice Looks Like

A good notice is short and factual. It usually covers four things:

• What happened, with the date and location
• Why it matters, meaning the contract basis if you know it, or simply that time or cost may be affected
• What you’re doing about it, including any steps to reduce the impact
• What comes next, such as when more information will follow

Compare these two. First: “We hereby reserve all our rights.”

Second: “On 14 March, rock was found in the southern foundation excavation that wasn’t shown in the ground investigation data. This may delay the foundation works and add cost. We are looking at options and will send more details within two weeks.”

The second one is far more useful. It also invites a helpful reply instead of a defensive one.

Simple Habits That Work

You don’t need a complicated system. A few easy habits go a long way:

• Flag early. Do it even if you don’t yet know the full cost or delay.
• Keep it short and factual. Describe the event and say you may need more time or money.
• Make it routine. Add notices to weekly progress meetings so it feels normal, not legal.
• Train site staff. The people who spot problems first are rarely the ones who write the claims.
• Write down the date you became aware. The 28 days run from when you knew, or should have known, about the event.
• Check the formalities. Follow the contract on who gets the notice, in what form, and how it’s sent. Keep proof of delivery.

For the Engineer and Employer

The clause works best when both sides act in good faith. If you’re on the receiving end, treat a timely notice as helpful information, not a threat.

Acknowledge it quickly. Ask questions. Talk about options. Acknowledging a notice doesn’t admit liability, and it keeps everyone talking. It’s also wise to raise concerns early. Under the 2017 edition, if you think a notice is late, you’re expected to say so within 14 days rather than saving it as a surprise argument for later.

Silence from the receiving side can do as much damage as silence from the sending side.

A Word on the Law

How strictly time-bars are enforced depends on the law that governs the contract. Some places apply them exactly as written. Others, especially civil law systems with strong good faith principles, may treat them differently. Particular Conditions also often change Clause 20.

So always check the contract as actually signed, and get local legal advice if you’re unsure. Don’t assume a late notice will be forgiven.

The Bottom Line

FIDIC’s notice rules can feel strict, and missing them can have serious consequences. But the idea behind them is simple and human: tell people early when something is going wrong, so everyone still has a chance to fix it.

These habits cost almost nothing. Silence followed by a late claim can cost a great deal, in money and in goodwill.

That’s not a trap. It’s professional courtesy.

On long, difficult projects, that kind of courtesy is often what keeps the relationship, and the job, on track.