Notice vs Claim: What's the Difference Under FIDIC?
Notice and claim are two different documents with two different purposes, two different deadlines, and two very different levels of detail. Confusing them — or assuming one does the job of both — is one of the most consistently damaging mistakes in FIDIC contract administration. This guide clarifies the distinction, the sequence, and what each document needs to contain.
Why the Distinction Matters
FIDIC claims work as a two-stage process. The notice is the alarm bell; the claim is the file. Skipping the alarm bell and going straight to the file — even a beautifully prepared one — means the Employer never received the contractual warning, and the entitlement to the claim is lost.
The reason for the two-stage structure is practical. The Employer and Engineer need early warning so they can investigate, mitigate, and preserve records while memories and evidence are fresh.
They cannot do any of that if the first they hear of the issue is a 60-page bundle landing on day 42. A notice on day 3 gives both sides a chance to manage the situation; a claim on day 42 gives both sides a reason to argue.
FIDIC's drafters knew what they were doing when they separated these. Tribunals have consistently respected the distinction. Treating them as one document is how clever teams outsmart themselves.
Key Takeaway: FIDIC's two-stage process exists for a reason. Notice first (short, fast), claim second (detailed, substantiated). Skipping or combining them usually loses the entitlement.
What Is a Notice? (The 28-Day Document)
A notice under Clause 20.1 is a short written communication from the Contractor to the Engineer. It says, in effect: something has happened, we believe it triggers a contractual entitlement, and we intend to pursue it. It is not a claim — it is a warning shot that preserves the right to claim.
A notice is typically:
- Short — one to two pages is plenty
- Factual — the event, dates, location, and affected work
- Referenced — the specific clauses invoked
- Categorical — states whether time, money, or both are being sought
- On time — delivered within 28 days of awareness
What a notice is not: a legal brief, a cost analysis, a programme analysis, or an argument. The time for those is the detailed submission later. A notice that tries to pre-argue the claim usually reads worse than one that simply states the facts.
Key Takeaway: The notice is a short, factual, on-time warning. It identifies the event, invokes the clause, and reserves the right to claim. Save the argument for the detailed submission.
What Is a Claim? (The 42-Day Submission)
The claim — the "detailed particulars" — is the full case. Within 42 days of becoming aware of the event, the Contractor must submit a substantiated, evidenced, quantified case for the relief sought. This is where the homework happens.
A typical claim submission contains:
- A detailed description of the event with timeline and supporting evidence
- The contractual basis — exactly which clauses give the entitlement and why
- Delay analysis — how the event affected the programme, tied to the baseline
- Cost substantiation — detailed breakdown with supporting documents
- A clear quantum — the specific extension of time and/or additional payment sought
A good claim is often tens or hundreds of pages, including annexures. It reads less like a letter and more like an evidence bundle. Its job is to persuade the Engineer that the Contractor's position is right on the facts, right on the contract, and right on the numbers.
If the event is still ongoing at the 42-day mark, the Contractor must submit interim particulars on time, then monthly updates, then a final claim within 42 days of the effects ending. Going silent after the interim is almost as damaging as missing it.
Key Takeaway: The claim is a detailed, substantiated, quantified submission — the full case. It tells the Engineer why the entitlement exists and how much it is worth, with evidence for every number.
The Sequence: How They Connect
Both documents run from the same starting point — the date the Contractor became aware of the event. From that date:
- Day 0 — event occurs, awareness begins
- Within 28 days — notice delivered to the Engineer under Clause 20.1
- Within 42 days — detailed particulars (the claim) delivered to the Engineer
- Monthly thereafter (if ongoing) — interim particulars until the event's effects end
- Within 42 days of effects ending — final detailed claim submitted
The notice does not wait for the claim. The claim does not replace the notice. They operate in sequence, with the notice serving as the door that the claim then walks through. Miss the notice deadline and the door is locked — no amount of later detail can pick the lock.
Think of it this way: the notice says "this is happening." The claim says "here is what it cost, in time and money, and here is why the contract gives me that entitlement." Two documents, same event, different jobs.
Key Takeaway: Day 0 triggers both clocks. Notice within 28 days, detailed particulars within 42 days, monthly interim updates if ongoing. The notice opens the door; the claim walks through it.
What Each Must Contain
A side-by-side comparison is the clearest way to keep these separate in the heat of a project.
Notice (Clause 20.1, 28 days):
- Reference to Clause 20.1 (and the specific clause creating the entitlement)
- Description of the event
- Date of awareness
- Statement that time and/or payment will be claimed
- Confirmation that particulars will follow within 42 days
Claim / Detailed Particulars (42 days):
- Full factual narrative with supporting evidence
- Contractual analysis — clauses engaged and why
- Baseline programme vs impacted programme analysis
- Detailed cost breakdown with substantiation
- Quantified extension of time and/or payment sought
- Annexures: correspondence, photos, daily reports, expert analysis where relevant
The notice is the what. The claim is the what, why, how much, and so what. Keeping the two separate in the drafter's mind usually produces a clean, credible pair of documents.
Key Takeaway: The notice is the "what." The claim is the "what, why, how much, and so what." Draft them as separate documents with different jobs, not variations of each other.
Common Mistakes in Confusing the Two
The distinction is simple in theory and bruising in practice. The same mistakes come up on project after project:
- Sending a full claim as the notice. Over-engineered, over-detailed, usually late. By the time it is ready, the 28-day window has closed.
- Sending a notice and never following up with particulars. The notice preserves the right; the particulars exercise it. Notice alone is not a claim.
- Using "notice" language in the claim. Short, bullet-point claims without analysis get rejected for lack of substantiation.
- Using "claim" language in the notice. Long, argumentative notices raise red flags and often miss the deadline anyway.
- Starting the 42-day clock from the notice date instead of the awareness date. Both clocks start from awareness, not from the notice.
Each of these is an unforced error. The fix is understanding that the two documents have different jobs, and planning the project's claims process around that fact from day one.
Key Takeaway: The five recurring errors — over-built notices, missing particulars, wrong tone in either document, miscounted clocks — all trace back to not treating the notice and claim as separate jobs. Treat them separately from the start.
What Happens If You Only Send One
If you send the notice but never the claim, you have reserved the right and never exercised it. Under most FIDIC contracts, the Engineer has no obligation to determine anything in the absence of detailed particulars. The right quietly dies — not through rejection, but through neglect.
If you send the claim but never sent a notice, the outcome is harsher. The Engineer is entitled to reject on the time-bar, and most do. Courts and arbitrators have occasionally softened this where the Employer had clear actual knowledge, but relying on such a rescue is expensive and uncertain.
The two-stage rule is not bureaucratic fussiness. It exists because real projects run on real deadlines, and both parties need structure. Send the notice early, follow with particulars on time, update monthly if the event continues. That is the entire game.
Key Takeaway: Notice without claim = right reserved but unused. Claim without notice = usually time-barred. Both documents, both deadlines — treat them as a pair and the process works.
Frequently Asked Questions
Can one document serve as both a notice and a claim?
Technically yes, but it is rarely a good idea. A well-drafted notice is short and factual; a well-drafted claim is detailed and substantiated. Combining them usually produces a document that is too long for a notice and too thin for a claim.
What happens if I send a claim but never sent a notice?
Under the 1999 Red Book, the claim is usually time-barred. The notice is a condition precedent — you cannot skip it and hope the detailed submission 28-plus days later satisfies the requirement. Without the notice, the Engineer is entitled to decline consideration.
Does the claim need to repeat everything from the notice?
Yes, and then add much more. The claim is the full case — it restates the event, references the clauses, and then delivers the detailed particulars, delay analysis, and cost substantiation. Think of the notice as a summary and the claim as the full file.
What if the event is ongoing when the 42-day claim deadline arrives?
Submit interim particulars on time, stating clearly that the event is continuing. Then submit monthly updates and a final detailed claim within 42 days of the event's effects ending. Silence is never safe.
Can the Engineer reject a claim on technical grounds even if the merits are strong?
Yes. FIDIC's claim procedure is procedural as much as substantive. A late notice, a missing detail, or a wrong contractual reference can all justify a rejection. Tribunals sometimes soften this, but the safe assumption is that procedure will be enforced strictly.