Sub-Clause 1.3 — Notices and Other Communications

Formal requirements for a Notice: in writing, expressly identified as a Notice, to the right address and channel.

Applies in: Red BookYellow BookSilver Book

The 2017 edition tightened the rules: a Notice must be in writing, expressly identified as a Notice with a reference to the clause it is given under, and delivered by the method and to the address in the Contract Data (including agreed electronic systems). This is not a formality: many entitlements (a 20.2 claim, 16.1 suspension) arise only through a valid Notice, and a defective notice is a classic defence against a claim. Notice discipline is part of contract management.

Key points

A Notice must be written and expressly identified as a Notice (2017).
Delivery channel and address come from the Contract Data.
Entitlements under 20.2 and 16.1 arise only via a valid Notice.
A defective notice is a standard defence against a claim.

How this works in practice

Sub-Clause 1.3 looks like a technicality right up to the first dispute, where it emerges that the critical notice went to the project manager’s inbox while the contract required delivery to a specific address with acknowledgement. The 2017 editions tightened this: a notice must be identified as a notice and state the clause it is given under. The practical conclusion is simple — fix addresses, channels and forms once at project start and keep a single outgoing register. That is cheaper than reconstructing correspondence after the fact.

Common traps

A notice is sent by email where the contract does not provide for that channel or requires additional confirmation.
The letter carries no notice label and no clause reference — the recipient is entitled not to treat it as a notice.
A change of addressee or representative is never recorded in writing, and notices go nowhere.

Versions: 1999 → 2017 → 2022

1999
Sub-Clause 1.3 “Communications” — more general rules without the express “Notice” label.
2017
A formal Notice concept was introduced, with mandatory identification and a clause reference.
2022
The 2022 reprint made editorial clarifications only.

Clause FAQ

Which FIDIC books use Sub-Clause 1.3?

The clause applies in Red Book, Yellow Book, Silver Book. Particular Conditions may change the standard risk allocation, so always check the project contract.

Is an emailed notice valid?

It depends on what the contract and Contract Data say. If email is expressly listed as a permitted channel with specific addresses, yes. If not, the message may carry no force as a notice even where the addressee in fact read it. On contentious projects the safe practice is to duplicate critical notices with a hard copy against acknowledgement of delivery.

Does the letter need a "Notice under Sub-Clause…" heading?

Under the 2017 editions, yes — it is an express requirement that a notice be identified as such and state the clause it is given under. This is not bureaucracy but protection for both sides: the recipient understands a contractual clock has started, and the sender holds a document that cannot later be recharacterised as ordinary correspondence.

Need a review of a specific contract?

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Reference material, not legal advice. Always check your contract and the Particular Conditions.