FIDIC Claims, from notice to determination.
The full contractual claims workflow. Contractor claims, Employer claims, notices, time-bars, particulars, supporting documentation and how the Engineer evaluates a claim — taught from the perspective of the team preparing the pack.
What a contractual claim actually is
A contractual claim under FIDIC is a formal notification that one party believes the other owes it time, money, or both, under specific provisions of the contract. It is not a dispute (yet), and it is not litigation. It is the machinery by which the contract redistributes cost and time when something happens that the parties did not price into the tender.
Contractor claims
Contractor claims are for Extension of Time, additional cost, or both. Common grounds include Variations, delayed access, Employer-supplied information late, changes in laws, exceptional adverse conditions, and specific relief events listed in the contract. The exact grounds vary by edition and by Particular Conditions.
Employer claims
The Employer may claim against the Contractor for delay damages (typically liquidated damages for late completion), defective work, warranty breaches, or specific contractual entitlements. Under FIDIC 2017 the Employer's claim process is broadly symmetrical to the Contractor's, with the Employer also required to give notice within a time-bar.
Notices ' + $MDASH + ' the gateway
Under FIDIC 1999, Sub-Clause 20.1 requires the Contractor to give notice within 28 days of becoming aware (or when it should have become aware) of the event giving rise to the claim. Missing the 28-day window can defeat the claim on time-bar grounds — regardless of the underlying merits.
FIDIC 2017 restructures the claims machinery. Sub-Clause 20.2 governs Contractor claims and introduces an Advance Warning obligation under Sub-Clause 8.4. Notice periods remain tight and should always be checked against the specific contract wording.
Time claims and cost claims
Time claims are for Extension of Time to the completion milestones. Cost claims are for reimbursement of additional cost, sometimes with profit where the contract allows it. Many events give rise to both, but the entitlement must be established separately — a valid EOT does not automatically produce cost recovery, and vice versa.
Supporting documentation
- Contemporaneous records — site diaries, correspondence, meeting minutes, photographs
- The baseline programme and each affected progress update
- Fragnet models of the delay event where relevant
- Cost records, timesheets and third-party invoices linked to the event
- Vendor and subcontract correspondence where interfaces are involved
- The chain of contractual notices already served on the event
Claim evaluation
The Engineer's role is to evaluate the claim on its merits — assessing cause, effect, entitlement and quantum. Under FIDIC 2017 the Engineer must engage the parties, seek to encourage agreement, and if none is reached, issue a determination that is binding unless challenged.
Contract administration ' + $MDASH + ' the boring part that wins claims
Most claims are won or lost long before the submission is written. A disciplined register of every notice served, every drawing revision, every RFI response, and every meeting minute — kept live throughout the project — is what makes the difference. This is a project controls responsibility as much as a QS responsibility.
Practical construction examples
- Late issue of construction drawings on a critical activity
- Variation adding scope to a near-critical work package
- Ground conditions differing materially from what could reasonably have been foreseen
- Employer-supplied free-issue equipment arriving out of sequence
- Change in law imposing new permit requirements mid-project
Answers before you ask.
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