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Construction Law/FIDIC Contract- notice requirement


In FIDIC contracts where there is a notice requirement and the notice is given but the notice given is under the wrong head for eg. lets say notice was supposed to be given under 8.4( notice is to be given under 20.1) but it is given  under 19.2(Force Majeure event) . what will be the consequence ???

Dear Satyam,

I,m sorry for late answering this Q  due to my some other commitment.Here is the answer of your Q:

Your quoted clauses indicates that you are talking about FIDIC 1999.The Notice requirement under sub-clause 20.1 is a precedent condition for claiming EoT and or additional cost under any provision of the Contract.The final paragraph of this Sub-Clause  confirms that its requirements are in addition to those of any other Sub-Clause which may be applicable to a claim.  In the present case ,notice have been given under sub-clause 19.2(Force Majjeure event).If this event is still continued,you may give notice at present,for which at least,there may be entitlement for EoT/additional cost 28 days beyond this notice.

Although it may be possible for one notice to satisfy the requirements of different Sub-Clauses.
Following the final paragraph of sub-clause 20.1, if the Contractor fails to comply with any such requirement, he runs the risk that any extension of time or additional payment may be reduced by reason of the failure having prevented or prejudiced proper investigation of the claim. However If a dispute arises, the Contractor may draw the DAB's attention to the Engineer's or Employer's procedural failures. In some circumstances, the Contractor may have an entitlement under applicable law in respect of these failures.
Hope you may concieve the consequences from the answer.

Engr.Arshad Mahmood

Construction Law

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Arshad Mahmood


I may answer to the questions relating to FIDIC 4th as well as FIDIC 2010 MDB Harmonized version,price adjustment ,Variations,Eot and Cost claims,EPC Contract,Bidding Document,consultancy Contracts,certification,Standard Forms, Dispute resolution; and others pertaining to Contract implementation.


Contract management and Contract Administration, using FIDIC Conditions of 4th Addition as well as Fidic 1999 Red, Yellow and Silver Books including MDB Harmonized Edition 2010. Particularly in the area of Procurement of Contracts, Certification,Price Adjustment, variations,disputes management, EoT and Cost Claims; and other contractual issues arises from time to time during currecy of the Contracts.

Member -Pakistan Engineering Council Member -Pakistan Engineering Congress Member -FIDIC Organisation

Joint Venture and Consortium Agreements for Pakistan Engineering Council,Pakistan

BSc Civil Engineering; Basic Management course; Hydro power Projects; and various other on Job Trainings

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