Notice Register under FIDIC 2017: managing the 28/84-day workflow

Almost everyone knows the 28-day rule. Almost everyone misses it in the same way: the event is noticed, discussed in a meeting, the letter is postponed, the planner is busy, the QS waits for numbers, and legal asks for more facts. A month later the team realises that the claim may be strong, but the notice is already at risk.

The problem is rarely that nobody read Clause 20. The problem is that the project has no operating system for notices.

A FIDIC 2017 Notice Register is not decoration and not an audit folder. It connects the event, date of awareness, 28-day notice, records, 84-day fully detailed claim and later decision trail into one controlled workflow.

How this differs from the 28-day article

The basic article on the 28-day rule explains why notice is critical and why time-bars are dangerous.

This article is about operations: how the project team builds a workflow so notice does not depend on one contract manager’s memory.

Knowing the deadline is legal literacy. Managing the deadline is contract administration.

What the register should capture

At minimum, the register should answer:

Field	Why it matters
Event ID	Prevents loss in correspondence
Event description	Short factual description
Date of event	When it happened or started
Date of awareness	Potential start of notice period
Potential entitlement	time, cost, both or other relief
Notice due date	28-day control
Detailed claim due date	84-day or contract-specific control
Evidence owner	Person responsible for records
Status	watching, notice issued, particulars pending, submitted, determined, disputed

Real projects may add affected activities, clause reference, responsible person, correspondence link, Engineer response, value and risk rating. But without the minimum, the team manages claims through an inbox.

Count 28 days from the right date

The dangerous question is awareness date. Teams often want to count from the date when the time or money impact became clear. That may be too late.

Track three dates:

1. Event date - when the event occurred.
2. Awareness date - when the party knew or should have known.
3. Impact confirmation date - when consequences became clearer.

Notice should not wait for full calculation. Its purpose is to preserve rights and alert the other party. Causation and quantum follow in the fully detailed claim.

Wording and consequences depend on the contract, Particular Conditions and governing law. Operationally, open the event file early.

The 84-day workflow

Under FIDIC 2017, notice is only the entry point. After that comes substantiation.

For each notice, trigger:

• event file opening;
• evidence owner appointment;
• programme activity check;
• daily reports, photos, labour and equipment logs;
• correspondence and instructions;
• separation of direct cost evidence from general complaints;
• chronology;
• draft claim narrative;
• fully detailed claim deadline control.

If notice is issued but evidence workflow does not start, the team has only bought time. The claim is not yet proved.

For evidence structure, see Claims substantiation.

Who owns the register

A poor register belongs to “someone in legal”. A good register belongs to the project.

Typical roles:

• Contract Manager controls notice logic and correspondence status.
• Planner checks activity impact and critical path.
• QS or cost team collects quantum evidence.
• Site team provides daily records, photos, manpower and equipment facts.
• Project Manager decides whether to issue, reserve rights, escalate or close.

Legal support is useful, but it cannot create missing site records later.

Event watching

The register should not turn the project into a claim factory. Use a watching status.

A late drawing may disappear without impact. A minor access issue may be absorbed by float. A design clarification may not change sequence. But if the event may affect time, cost or rights, put it on watching with a deadline.

Weekly rhythm

Build the workflow into the weekly contract meeting:

1. Review new events.
2. Check approaching 28-day deadlines.
3. Review notices issued.
4. Check records status for each open event.
5. Update 84-day or detailed claim tracker.
6. Close, notify or escalate events.

When this rhythm works, claim readiness becomes part of project management rather than a DAAB emergency.

FAQ

Is a Notice Register only for contractors?

No. Employers and Engineers also benefit from visibility of events, notices, determinations, payment issues and dispute exposure.

Can Excel be used?

Yes, if there is an owner, weekly review, document links and deadline control. The problem is not Excel; it is an unmanaged file.

Should every small event receive a notice?

No. But every potentially material event should be assessed quickly. If time, cost or other relief may arise, record the event and deadline.

Bridge Consult helps project teams build notice registers, claims workflows and records discipline under FIDIC 2017.

Sources and further reading

• Society of Construction Law, Delay and Disruption Protocol, 2nd Edition.
• World Bank, Project Procurement.
• World Bank, Contract Management: Practice Procurement Guidance, Second Edition, May 2024.
• FIDIC, Conditions of Contract for Construction, 2017 edition.
• See also: The 28-day rule, Claims substantiation and Notice Deadline Calculator.