You are here:

Construction Law/Notice to claim under Sub-Clause 2.5 & 8.7



In our Contract which is based on FIDIC MDB 2006, a notice under Sub-Clause 2.5 & 8.7 was submitted to the Contractor just before the expiration of Time for Completion but afterwards an Eot was awarded and a new Time for Completion was established. But the Contractor failed to complete the Works within extended Time for Completion. Has the Engineer or Employer again had to submit notice under 2.5 of GCC or the previous notice submitted to the Contractor suffice the requirement of Sub-Clause 2.5 GCC which states that notice shall be given as soon as practicable and no longer than 28 days after the Employer become aware, or should have become aware, of the event or circumstance given rises to the Claim. I am inclined to again submit the notice because expiration of extended Time for Completion is a new event which gives rises to the claim. I will be happy to receive your valuable comments.


Qasim Zeeshan

Dear Qasim,

Thank you for your question.

Firstly, for avoidance of doubt, Delay Damages can only be claimed for the time elapsed between expiry of Time for Completion, as amended by any Extension of Time the Contractor has been granted and actual Taking Over, up to the limit established in the Contract.

Secondly, to stay on the safe side, yes, issue another Notice of Claim under 2.5, as the first one might be connected only with the first expected exceeding of Time for Completion.

That exceeding has in fact, not occurred, due to granted Extension of Time and hence, might have not produced any effect.

For conformity and avoidance of doubt, also suggest you withdraw that one.

Hope that helps

Construction Law

All Answers

Answers by Expert:

Ask Experts




Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme ( - FIDIC Accredited Adjudicator

Past/Present Clients
- Several State organisations/Ministries , such as Ministry of Transport, National Admistration of Roads, Ministry of Regional Development (former Ministry of European Integration), Public Works and Housing, Central Contracting and Financing Unit in Romania and also in Turkey, Croatia and Macedonia - Numerous Western based private consultancy companies - full CV and other relevant information available at

©2017 All rights reserved.