FIDIC 2017 claim notices: clause 20.2 and the 28-day bar

Under the FIDIC 2017 Red Book, a contractor who wants more time or money gives the Engineer a Notice of Claim within 28 days of becoming aware of the event. This is the first step and the most important one. It is followed by a fully detailed Claim within 84 days.

This guide explains what each step requires, with a worked example. It is not legal advice.

What clause 20.2.1 requires

Sub-Clause 20.2 is the general claims procedure. The specific entitlement to time or money comes from another sub-clause, such as late access to the Site under 2.1 or a variation. Clause 20.2 sets out the procedure that protects that entitlement.

In close paraphrase, 20.2.1 says:

The claiming Party shall give a Notice to the Engineer describing the event or circumstance giving rise to the Claim, as soon as practicable and no later than 28 days after it became aware, or should have become aware, of that event or circumstance.

Note the words should have become aware. The 28 days can start before the contractor actually noticed the problem, if a careful contractor would have noticed it sooner.

The 2017 edition counts calendar days. Weekends and public holidays are included and do not push the deadline back.

What the Notice of Claim must contain

Under 1.3, every Notice must be in writing, be identified as a Notice and refer to the sub-clause it is given under. For a Notice of Claim, include:

• the event or circumstance giving rise to the Claim
• the sub-clause you rely on for the entitlement
• a clear statement that this is a Notice of Claim under Sub-Clause 20.2.1
• the date you became aware of the event

Keep it short and factual. The detail and the figures come later in the fully detailed Claim.

Before any of this, 8.4 asks you to give the Engineer advance warning of a probable future event that may delay or disrupt the Works. An advance warning is useful, but it is not a Notice of Claim and does not stop the 28 days running.

The Engineer's initial response (20.2.2)

If the Engineer considers your Notice of Claim was late, the Engineer must say so, with reasons, by Notice within 14 days after receiving it. If the Engineer gives no such Notice within 14 days, your Notice of Claim is treated as valid.

The Employer can still disagree with that deemed validity, and the question is then reviewed when the claim is agreed or determined. If you receive a Notice saying you were late and you disagree, or you believe the late submission is justified, set out your reasons in the fully detailed Claim.

The fully detailed Claim (20.2.4)

The fully detailed Claim is due within 84 days after you became aware, or should have become aware, of the event. The period runs from awareness, not from the date of your Notice. A different period can apply if you propose it and the Engineer agrees.

It must include:

1. a detailed description of the event or circumstance
2. a statement of the contractual and/or other legal basis of the Claim
3. the contemporary records you rely on (keep these from day one, as 20.2.3 requires)
4. detailed supporting particulars of the money and/or extension of time claimed

The legal basis is critical. If the statement of the contractual or legal basis is not submitted within the 84 days, the Notice of Claim is treated as lapsed, subject to the Engineer giving Notice of that within 14 days. Where the effects continue, 20.2.6 calls for an interim fully detailed Claim, monthly updates and a final claim.

The Engineer then agrees or determines the claim under 3.7.

Worked example

The Contract Data says the Employer will give access to the eastern area of the Site by Tuesday 3 March 2026. On that day the area is still occupied and you cannot start. You became aware on Tuesday 3 March 2026.

• Day 1 is Wednesday 4 March. Counting 28 calendar days, the last day for the Notice of Claim is Tuesday 31 March 2026.
• Human Rights Day falls on Saturday 21 March 2026. Because FIDIC counts calendar days, it makes no difference, and we assume no amendment changes this.
• You send the Notice of Claim, citing 2.1 and 20.2.1, on Friday 13 March 2026.
• The Engineer's 14 days to say it is late end on Friday 27 March 2026. Silence means the Notice is treated as valid.
• The fully detailed Claim is due 84 days from 3 March, which is Tuesday 26 May 2026. Good Friday (3 April), Family Day (6 April), Freedom Day (27 April) and Workers' Day (1 May) all fall inside that period and do not extend it.

What missing the time bar costs

If the Notice of Claim is late, the Time for Completion is not extended, you are not entitled to additional payment, and the Employer is discharged from liability for the event.

The 2017 edition does allow late submission to be considered as justified in some circumstances, but you should not plan on that.

Check your signed contract

This guide describes the standard 2017 conditions. The Particular Conditions and Contract Data in your signed contract govern over them. FIDIC 2017 time bars and notice requirements are often amended, so read your own contract before relying on these periods.

See our FIDIC overview for related notices.

What Sakhani does

Sakhani reads your signed contract, including the Particular Conditions, and counts the days from the event you record. It reminds the people responsible before the 28-day and 84-day dates. It also drafts the Notice of Claim for a person on your team to check and send. See how it works.