How to give notice of a delay

Early warning: Sub-Clause 8.3

The Contractor must promptly give notice of specific probable future events or circumstances that may adversely affect the work, increase the Contract Price or delay the execution of the Works. The Engineer may then ask for an estimate of the effect and a proposal under Sub-Clause 13.3.

Late drawings or instructions: Sub-Clause 1.9

When the work is likely to be delayed or disrupted if a drawing or instruction is not issued in time, give the Engineer notice of what is needed, why, by when, and the delay or disruption likely if it is late. If the delay or cost then happens, give a further notice: subject to Sub-Clause 20.1 you are entitled to an extension of time and the Cost plus reasonable profit, unless the lateness was caused by your own error or delay.

Notice of claim: Sub-Clause 20.1

Whatever the cause, give a notice of claim within 28 days after you became aware, or should have become aware, of the event. This notice protects your right to time and money; the earlier notices do not replace it.

What a delay notice should say

• The event and its date, and the date you became aware of it
• The activities affected and the likely delay
• The cause and the Sub-Clauses relied on
• What you are doing to reduce the delay
• What you need from the Engineer, and by when
• A reservation of your rights under Sub-Clause 20.1

Subcontractors: shorter periods

A subcontractor’s notice period must be shorter than the main contract’s, so the main contractor can pass the notice on in time. Under the FIDIC Subcontract 2011 approach the subcontractor gives notice within 21 days.

Keep the records from day one

Daily site reports, programme updates and dated photographs are what prove a delay later. Start them on the day the event happens.

Templates for each step