FIDIC glossary · Time
Time-bar (28 days)
28-day time-bar
In short
The deadline to give a notice of claim. Missing it can forfeit the party’s right to the claim (Sub-Clause 20.2.1).
What is a Time-bar (28 days)?
A time-bar is the cut-off for giving notice of a claim. Under Sub-Clause 20.2.1 of the 2017 editions, a party must give notice within 28 days of becoming aware, or of when it should have become aware, of the event or circumstance. Miss it and the claim is lost, however meritorious it is on the merits.
The most underrated part is when the clock starts. It does not start when the paperwork is ready, nor when the loss has been quantified, nor when it becomes clear that negotiation has failed. It starts at awareness of the event. So the notice goes in before the consequences are understood — and that is correct: a notice is a statement of fact, not a calculation.
Under the 2017 editions the time-bar is symmetrical: it applies to the Employer's claims too.
There is a safety valve: if a party considers the late notice justified and the other disagrees, the question goes to the Engineer's determination and then the DAAB. Relying on it as a plan is a poor strategy.
The practical consequence: claims management starts with a calendar, not with arguments.
Where it sits in the contract
Related terms
Need this read against your own contract?
This explains how the mechanism works in the standard form. How it works in your contract, after the Particular Conditions, is a separate question.
Talk to an expert →A reference explanation of the FIDIC standard conditions. Not legal advice, and not a reproduction of the FIDIC books.