Construction Law/Employer's Claim


Dear Sir,

As per FIDIC MDB Harmonized edition 2006, Sub-Clause 2.5 GCC states as follows;

"The notice shall be given ass soon as practicable and no longer than 28 days after the Employer become aware, or should have become aware, of the event or circumstances giving rises to the claim"

In case of Delay Damages, when the Contractor failed to comply with the Sub-Clause 8.2, what is the contractual time to give notice of the claim?



Dear Umer,

Th contractual period is 28 days after the expiry of the time for completion.  However, there are no sanctions if the notice is given outside the contractual period and the failure of the Employer to give notice outside the contractual period does not absolve the Contractor from payment of delay damages.  

Construction Law

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
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Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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