Evolution of the Contractor’s Claim Notice Provisions In FIDIC Contracts – 1999 vs. 2017
The Contractor's Claim Notices are essential for contract management and dispute resolution in FIDIC contracts. They establish a party's entitlement, provide evidence of the event(s) giving rise to the claim, and impose an obligation on the Employer to address the situation. Claims for additional payment and extension of Time for Completion are typically subject to notice requirements. The format and content of the Contractor's Claim Notice vary between FIDIC 1999 and FIDIC 2017, with the latter imposing stricter requirements. The notice must describe the event, indicate the intention to claim, be in writing, and follow the specified communication method. Timing is crucial, as the notice should be submitted within 28 days of awareness. Failure to comply may result in loss of entitlement. The subsequent steps in the dispute resolution process involve submitting particulars of the claim, consulting with the Engineer/Employer, dispute board referral, notice of dissatisfaction, amicable settlement discussion, and arbitration. Parties must adhere to these steps, as non-compliance may forfeit their right to pursue or challenge a claim.