By Drd. Eugen Sârbu, attorney-at-law
Introduction
FIDIC contract forms establishes a procedure at the disposal of the Contractor who considers itself entitled to an extension of the time for completion or to additional payments to the initially contracted elements must first send the Engineer a notice.
The notice should present the event or circumstance that entitle him to make the claim and should be sent inside a 28 days term starting from the moment when the Contractor became aware or should have become aware of said event or circumstance.
Sub-clause 20.1. of the FIDIC contract form provides the conditions under which the notice of claim should be transmitted and the consequences for the failure to observe such obligation: “If the Contractor considers himself to be entitled to an extension of the Time for Completion and/or any additional payments, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Engineer, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as possible, and not later than 28 days after the Contractor became aware or should have become aware, of the event or circumstance.
If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim.”