A contractor in Dubai can have every piece of evidence a FIDIC claim needs — delay records, correspondence, site diaries, cost breakdowns — and still lose the claim entirely. Not because the delay wasn’t real. Not because the costs weren’t justified. Because the Notice of Claim went out a few days late.
Under FIDIC contracts (1999 Red/Yellow Book Sub-Clause 20.1, and the equivalent Sub-Clause 20.2 in the 2017 edition), the notice period is a condition precedent, not a formality. Miss it, and the Engineer or Employer can reject the claim outright — regardless of how strong the underlying case is. This is the single most common reason EOT, Delay, and Disruption claims fail in the UAE, and it is entirely preventable.
What Is a Notice of Claim Under FIDIC?
A Notice of Claim is the formal written notification a contractor must send to the Engineer (or Employer, depending on the contract form) the moment it becomes aware of an event or circumstance that may give rise to a claim for additional time or money.
Under the FIDIC 1999 Red Book, Sub-Clause 20.1 sets this window at 28 days from when the contractor “became aware, or should have become aware” of the event. The 2017 edition tightens the mechanism further, splitting it into an initial Notice (still 28 days) followed by a fully particularized claim submission within 84 days.
The notice does not need to prove the claim. It needs to exist, in writing, within the deadline — flagging that an event has occurred and that a claim may follow. Everything else (quantum, causation, supporting records) can be developed afterward.
Why This Deadline Is So Dangerous
Three reasons contractors in Dubai consistently fall into this trap:
Site teams are focused on solving the problem, not paperwork. When a delay hits — a late approval, a design change, inclement weather, a dependency on another contractor — the project team’s instinct is to manage the disruption, not stop to draft a formal notice. By the time someone remembers to notify, the clock has often already run out.
The 28-day window is calculated from awareness, not occurrence. Many contractors mistakenly count from when the delay’s full impact became clear, rather than from the moment they first became aware something was going wrong. FIDIC counts from the earlier date — which is almost always sooner than teams assume.
Engineers and Employers in the UAE increasingly reject claims on notice grounds alone. Time-barring a claim is far easier for an Employer than disputing its merits. A single missed deadline, properly documented in the correspondence trail, can be enough to close the door on a legitimate multi-million-dirham claim.
How to Protect Your Right to Claim
- Track every potential claim event from day one. The moment something happens that could plausibly delay the works or increase cost — a late instruction, inclement weather beyond the specified threshold, a variation, a third-party dependency — log it immediately with a date and short description, whether or not a notice is sent that day.
- Issue the notice within days, not weeks. A short, simple notice referencing the relevant clause and briefly describing the event is far safer than waiting to build a complete case. The notice can — and should — state that full particulars and quantum will follow.
- Build a standing notice template. Projects that issue notices quickly and consistently are the ones whose site teams have a ready-to-use format on hand, so sending one is a five-minute task rather than something requiring legal drafting each time.
- Keep a live claims register. A simple tracker showing each potential event, the date of awareness, the notice deadline, and whether notice was issued closes the single biggest gap between “we have a valid claim” and “we have a claim the Engineer is forced to consider.”
- Review notice compliance before submitting the full claim. Before investing time in a detailed EOT or Delay Analysis submission, confirm the notice chain is intact. A claim built on a time-barred notice is wasted effort.
How MANGMARK Supports Contractors on This
MANGMARK works with contracting companies across Dubai on the full claims lifecycle — from setting up a claims register and notice tracking system at project kickoff, through to building the Extension of Time submissions, Delay Analysis reports, and Disruption Claims that the notices protect. Catching the notice requirement early is the difference between a claim that gets heard and one that gets dismissed before anyone looks at the merits.
FAQs
What happens if I miss the 28-day notice deadline?
Under a strict reading of FIDIC Sub-Clause 20.1/20.2, the Engineer or Employer can reject the claim entirely, regardless of its merits. Some contracts and jurisdictions allow limited relief, but relying on this is high-risk — the safer position is always to issue notice on time.
Does the notice need to include full details and cost calculations?
No. The initial notice only needs to flag that an event has occurred and a claim may follow. Full particulars, supporting records, and quantum are developed and submitted afterward, within the timeframe the contract specifies.
Who should the Notice of Claim be sent to?
Typically the Engineer, with a copy to the Employer’s representative, following whatever notification procedure and recipients the specific contract sets out in its communications clause.
Can verbal notification count as a Notice of Claim?
No. FIDIC requires notice in writing. A verbal mention on-site or in a meeting, even if minuted, does not satisfy the formal notice requirement.
What if the delay’s full impact isn’t clear yet when I need to send notice?
Send the notice anyway, based on what is known at that point. The notice can state that the full extent of delay or cost impact is still being assessed and that further particulars will follow — this is normal practice and does not weaken the claim.
Conclusion
The strongest claim in the world is worthless if it was never formally and promptly flagged. For contractors working under FIDIC in Dubai, the Notice of Claim deadline is not a technicality to manage around — it is the gate every other part of the claim has to pass through first.
If you’re not confident your project’s notice process is airtight, now is the time to check — before the next delay event puts a real claim at risk.
Protect your claims before they’re time-barred. Get in touch with MANGMARK to set up a claims tracking system for your project.
