- AS 4000, something will probably delay the work
- Template A (cl 34.2 delay notice) promptly, stating the cause and your estimate. Then Template B (cl 34.3 EOT claim) within 28 days of when you should reasonably have become aware of the causation, per summaries of the 1997 edition.
- FIDIC 2017, an event gives you a claim to time or money
- Template C (Sub-Clause 20.2.1 Notice of Claim) within 28 days of when you became or should have become aware. Template D (fully detailed Claim) within 84 days.
- FIDIC 2017, the delay comes from an instructed Variation
- Published commentary reports that Sub-Clause 8.5 needs no Sub-Clause 20.2 notice for time on a Variation. If the Engineer disputes that it is a Variation, serve Template C anyway.
- CCDC 2 – 2020, the delay has started
- Template E (GC 6.5.4) to the Consultant within 10 Working Days after the commencement of the delay, not after you noticed it.
- CCDC 2 – 2020, you also want the money
- Template F (GC 6.6.1 notice of intent to claim) the same day. It is a separate timely notice with no fixed period.
- What these templates are not
- Storia's own drafting, not any form's wording. AS 4000, FIDIC and CCDC text is licensed. Clause numbers come from published commentary, except CCDC GC 6.5.4, read verbatim.
A late notice can cost a good claim. FIDIC 2017 and CCDC 2 – 2020 bar the extension expressly, and courts enforce it: in Panther (a FIDIC 1999 contract) the contractor lost its extension although all but 19 of the 325 days of delay were attributed to the employer. Why notice clauses bite, and what (rarely) rescues a late one, is on notice and time bars. Notice is the third of the four elements of an extension of time claim.
These are drafting aids, not legal advice. They are Storia's own wording, not text from any Standards Australia, FIDIC or CCDC form. Most projects run amended forms: read the executed contract, its special, particular or supplementary conditions and the edition before sending. Clause numbers and periods come from published commentary, except CCDC GC 6.5.4, read verbatim.
Which notice, under which form
| Form and notice | Clause | Clock starts | Period | What to attach | If you miss it | Letter |
|---|---|---|---|---|---|---|
| AS 4000 delay notice | cl 34.2 | When you become aware something will probably cause delay | Promptly (1997). 2025: reported softened to as soon as reasonably practicable | The cause and your estimate of the delay | (Inference.) The cl 34.3 claim starts on the back foot | A |
| AS 4000 EOT claim | cl 34.3 | When you should reasonably have become aware of the causation occurring | 28 days (1997, per two summaries). 2025: | Evidence of the facts of causation and the extent of delay, usually an impacted programme | Enforced as a condition precedent, subject to the unilateral power and, in Victoria and WA, statute | B |
| FIDIC 2017 Notice of Claim | Sub-Clause 20.2.1 | When you became aware, or should have become aware, of the event or circumstance | 28 days | A description of the event or circumstance | Express bar: no extension, no additional payment. Deemed valid if the Engineer does not object within 14 days (20.2.2) | C |
| FIDIC 2017 fully detailed Claim | Sub-Clause 20.2.4 | The same awareness date | 84 days, or an agreed period | Description, contractual and/or other legal basis, particulars | Without the legal-basis statement, the Notice of Claim is reported to lapse, subject to the Engineer notifying the lapse within 14 days | D |
| FIDIC 2017 EOT for an instructed Variation | Sub-Clause 8.5 with Clause 13 | Not applicable | No Sub-Clause 20.2 notice required, per commentary | The Variation proposal under Clause 13, including its programme effect | Disputed or uninstructed Variation: 20.2.1 applies in full | C (protective) |
| CCDC 2 – 2020 delay notice | GC 6.5.4 | Commencement of the delay, not awareness | 10 Working Days | The cause of delay. One notice covers a continuing cause | "No extension shall be made" | E |
| CCDC 2 – 2020 money notice | GC 6.6.1 | The event giving rise to the claim | Timely, no fixed period | Notice of intent to claim; the detailed account follows under GC 6.6 | (Inference.) The time can be granted and the money lost | F |
Layer: form-default, as published commentary summarises each form, plus CCDC GC 6.5.4 read verbatim. Your contract's amendments govern.
A notice is not a claim. The short letter protects the entitlement; the claim that proves it is a separate document (see how to write an EOT claim). And the clocks run in parallel: on a CCDC job, E and F go out together.
AS 4000 cl 34.2 and cl 34.3: a delay notice, then a claim
Under AS 4000-1997 (and AS 4902-2000), as secondary summaries give it, cl 34.2 requires notice promptly of anything that will probably cause delay to the work under the contract, stating the cause and your estimate of the delay. cl 34.3 then requires a written EOT claim within 28 days of when the Contractor should reasonably have become aware of the causation occurring, evidencing the facts of causation and the extent of the delay. Two independent summaries agree on the period and trigger. For the Victorian and WA statutes that can disapply an unfair bar, see notice and time bars in Australia.
For AS 4000:2025, summaries report the delay-notice trigger softened to as soon as reasonably practicable. The 2025 claim period is , and sources on whether parts of the sequence moved from cl 34 to cl 35. On a 2025-form contract, confirm both numbers in the executed document before you diarise.
(Opinion.) Send Template A the day the risk appears, even with an estimate of "not yet known". The cl 34.3 clock runs from awareness of the cause, not from when you can measure its effect.
Template A. AS 4000 cl 34.2 delay notice
To: [SUPERINTENDENT NAME], Superintendent, [PROJECT]
Cc: [PRINCIPAL CONTACT]
From: [CONTRACTOR], [AUTHOR, ROLE]
Date: [DATE]
Contract: [CONTRACT NO.], AS 4000[-1997 / :2025] as amended by
[SPECIAL CONDITIONS REF]
Subject: Notice of delay under clause [34.2] - [SHORT DESCRIPTION]
1. This is a notice under clause [34.2] [and special condition [REF]].
2. Cause: on [DATE] [DESCRIBE THE EVENT: e.g. late access to
[AREA] / RFI [NO.] unanswered since [DATE] / direction [REF] /
latent condition at [LOCATION]]. We became aware on [DATE],
when [FACT].
3. Effect: this will probably delay [ACTIVITY / WORK AREA], which
is on or near the critical path to the Date for Practical
Completion in programme [REF, DATA DATE].
4. Our current estimate of the delay is [X working days / not yet
known, because [REASON]]. We will update this estimate by [DATE].
5. We will submit a written claim for an extension of time under
clause [34.3] [within the period the Contract allows]. Any claim
for delay costs will be made separately.
Records held: [DIARY ENTRY], [PHOTOS], [RFI / EMAIL REFS],
[PROGRAMME EXTRACT].
[SIGNATURE BLOCK]
Clause served: cl 34.2. Attach: the event record (RFI, direction, diary entry) and a programme extract. Send by: promptly once you are aware the event will probably cause delay (2025 form: as soon as reasonably practicable); do not wait to know the extent. On an AS 4000:2025 contract, confirm the clause numbers first.
Template B. AS 4000 cl 34.3 EOT claim cover letter
To: [SUPERINTENDENT NAME], Superintendent, [PROJECT]
Cc: [PRINCIPAL CONTACT]
From: [CONTRACTOR], [AUTHOR, ROLE]
Date: [DATE]
Contract: [CONTRACT NO.], AS 4000[-1997 / :2025] as amended by [REF]
Subject: Claim for extension of time under clause [34.3] -
[SHORT DESCRIPTION], EOT claim no. [X]
1. This is a written claim for an extension of time under clause
[34.3]. Our delay notice under clause [34.2] was letter [REF] dated
[DATE].
2. Qualifying cause of delay: [DESCRIBE], being a qualifying cause
under [CLAUSE / DEFINITION RELIED ON]. We became aware of the
causation occurring on [DATE].
3. Facts of causation: the cause delayed [ACTIVITIES] from [DATE]
to [DATE], as shown in the attached [impacted programme /
time impact analysis] [REF], prepared on the programme with data
date [DATE].
4. Extent: [X] working days to the Date for Practical Completion.
Concurrent causes considered: [NONE / DESCRIBE AND EXPLAIN].
5. We claim an extension of the Date for Practical Completion from
[CURRENT DATE] to [NEW DATE].
6. Delay damages or costs: [reserved and claimed separately under
clause [REF] / not claimed for this cause].
Attachments:
S1 Delay notice [REF]
S2 Event records [RFI / DIRECTION / DIARY REFS]
S3 Baseline or accepted programme [REF, REV]
S4 Impacted programme and method statement [REF]
S5 Progress records for affected activities [REFS]
[SIGNATURE BLOCK]
Clause served: cl 34.3. Attach: the evidence of causation and extent (S1 to S5). Send by: within 28 days of when you should reasonably have become aware of the causation (1997 edition, per summaries); check your executed cl 34.3 and special conditions, and on the 2025 form confirm the period. On an AS 4000:2025 contract, confirm the clause numbers first.
FIDIC 2017 Sub-Clause 20.2.1: the 28-day Notice of Claim
Under FIDIC 2017, as published commentary summarises it, a Party claiming an extension of time under Sub-Clause 8.5 (or additional payment) gives a Notice of Claim describing the event or circumstance, as soon as practicable and no later than 28 days after it became aware, or should have become aware, of it. Late notice carries an express bar. The Engineer then has 14 days under Sub-Clause 20.2.2 to say the Notice is late; if it does not, the Notice is deemed valid. Sub-Clause 20.2.3 requires contemporary records from here on. On the 1999 form, the equivalents are Sub-Clause 8.4 (EOT) and 20.1 (notice), with the same 28 days and no deemed-validity safety valve.
The Notice itself can be short. In Panther v Modern Executive Systems [2022] DIFC CA 016, decided on the 1999 form's Sub-Clause 20.1, the court said a notice "can be short and to the point", provided it identifies the event, says the contractor considers itself entitled, arrives within 28 days and reaches the Engineer. Commentary also reports that Sub-Clause 1.3 in the 2017 form expects a Notice to be identified as a Notice, so say so in the subject line and name the Sub-Clause.
Template C. FIDIC Sub-Clause 20.2.1 Notice of Claim
To: [ENGINEER NAME], the Engineer, [PROJECT]
(Silver Book: [EMPLOYER'S REPRESENTATIVE])
Cc: [EMPLOYER CONTACT]
From: [CONTRACTOR], [AUTHOR, ROLE]
Date: [DATE]
Contract: [CONTRACT NO.], FIDIC [Red / Yellow / Silver] Book 2017
[2022 reprint] with Particular Conditions [REF]
Subject: NOTICE OF CLAIM under Sub-Clause 20.2.1 - [SHORT
DESCRIPTION]
1. This is a Notice under Sub-Clause 1.3 and a Notice of Claim
under Sub-Clause 20.2.1.
2. Event or circumstance: [DESCRIBE, e.g. site access to [AREA]
not given until [DATE] / Engineer's instruction [REF] /
unforeseeable physical conditions at [LOCATION]]. We became
aware of it on [DATE].
3. We consider that we are entitled to:
(a) an extension of the Time for Completion under Sub-Clause
8.5 [(b) with Sub-Clause [X] / (e) / OTHER GROUND]; and
(b) [additional payment under Sub-Clause [X] / payment to be
particularised in the fully detailed Claim].
4. We will keep contemporary records under Sub-Clause 20.2.3,
including [DAILY RECORDS, LABOUR AND PLANT RETURNS, PHOTOS].
5. Our fully detailed Claim under Sub-Clause 20.2.4, including the
statement of the contractual and/or other legal basis, will
follow within the period that Sub-Clause allows.
[SIGNATURE BLOCK]
Clause served: Sub-Clause 20.2.1 (and 1.3). Attach: nothing is required; a record of the event helps. Send by: as soon as practicable and no later than 28 days after you became aware, or should have become aware, of the event. Serve it on the Engineer through the Sub-Clause 1.3 channel your Particular Conditions set.
Variations under Clause 13: no Notice of Claim for time
Two independent commentaries report that the 2017 form removed the Sub-Clause 20.2 notice for an extension of time consequent on a Variation; time goes through the Clause 13 Variation procedure instead. The variations hub states the same carve-out and its limits. (Opinion.) The carve-out only helps if everyone agrees it is a Variation. If the Engineer has not instructed it as one, or disputes it, serve Template C within the 28 days as well.
FIDIC 2017 Sub-Clause 20.2.4: the fully detailed Claim at 84 days
The fully detailed Claim is due within 84 days after the claiming Party became aware, or should have become aware, of the event, or within another period the claiming Party proposes and the Engineer agrees, as three commentaries give it. It contains a detailed description, a statement of the contractual and/or other legal basis, and the supporting particulars, including the extension claimed. Two of them report that if the legal-basis statement is missing at the deadline, the Notice of Claim lapses (subject to the Engineer notifying the lapse within 14 days, as commentary summarises it): it is the one element you cannot leave for later. Where the event's effect continues, Sub-Clause 20.2.6 provides for interim updates and a final claim.
Template D. FIDIC Sub-Clause 20.2.4 fully detailed Claim cover letter
To: [ENGINEER NAME], the Engineer, [PROJECT]
(Silver Book: [EMPLOYER'S REPRESENTATIVE])
Cc: [EMPLOYER CONTACT]
From: [CONTRACTOR], [AUTHOR, ROLE]
Date: [DATE]
Contract: [CONTRACT NO.], FIDIC [BOOK] 2017 with Particular
Conditions [REF]
Subject: Fully detailed Claim under Sub-Clause 20.2.4 - Claim
no. [X], [SHORT DESCRIPTION]
1. This is a Notice under Sub-Clause 1.3 submitting our fully
detailed Claim under Sub-Clause 20.2.4. Our Notice of Claim
under Sub-Clause 20.2.1 was [REF] dated [DATE]. [The Engineer
did not give notice under Sub-Clause 20.2.2 / The Engineer's
response was [REF].]
2. Detailed description of the event or circumstance: section 1
of the attached Claim document.
3. Statement of the contractual and/or other legal basis: section 2.
We rely on Sub-Clause 8.5 [GROUND] [and Sub-Clause [X] for
Cost / Cost Plus Profit] [and, in the alternative, [GOVERNING
LAW BASIS]].
4. Contemporary records and supporting particulars: section 3 and
appendices [REFS], kept under Sub-Clause 20.2.3.
5. Extension of time claimed: [X] days, extending the Time for
Completion to [DATE]. Delay analysis method: [METHOD], on
programme [REF, DATA DATE], section 4.
6. Additional payment claimed: [AMOUNT / CURRENCY], section 5
[or: the effect is continuing; this is the first interim Claim
under Sub-Clause 20.2.6 and updates will follow].
7. We ask the Engineer to proceed under Sub-Clause 3.7 [Silver
Book: the corresponding agree-or-determine Sub-Clause].
[SIGNATURE BLOCK]
Clause served: Sub-Clause 20.2.4 (and 3.7). Attach: the Claim document with description, legal basis, records and delay analysis. Send by: within 84 days after you became aware, or should have become aware, of the event, unless the Engineer has agreed a longer period in writing.
Choosing the analysis: delay analysis methods.
CCDC 2 – 2020 GC 6.5.4: 10 Working Days from commencement
CCDC 2 – 2020 GC 6.5.4 reads: "No extension shall be made for delay unless Notice in Writing of the cause of delay is given to the Consultant not later than 10 Working Days after the commencement of the delay." The clock runs from commencement, not from awareness, and one notice covers a continuing cause. Working Days exclude Saturdays, Sundays and holidays, so the window is roughly two weeks of calendar time.
In Elite Construction v Canada (Attorney General), 2021 ONSC 562, aff'd 2021 ONCA 803, a CAD 4.1M delay and extras claim was dismissed on summary judgment for a missed 10-working-day notice. The contract was with the Government of Canada, and its clock was the same length as GC 6.5.4's. Which GC 6.5 paragraph your cause falls under also decides whether it carries costs; see extension of time in Canada.
Template E. CCDC 2 – 2020 GC 6.5.4 delay notice
To: [CONSULTANT NAME], Consultant, [PROJECT]
Cc: [OWNER CONTACT]
From: [CONTRACTOR], [AUTHOR, ROLE]
Date: [DATE]
Contract: [CONTRACT NO.], CCDC 2 - 2020 as amended by
Supplementary Conditions [REF]
Subject: Notice in Writing of delay under GC 6.5.4 - [SHORT
DESCRIPTION]
1. This is Notice in Writing under GC 6.5.4 [and Supplementary
Condition [REF]].
2. Cause of delay: [DESCRIBE, e.g. no response to RFI [NO.] since
[DATE] / Owner access to [AREA] not given / stop work order
[REF] / abnormally adverse weather on [DATES]].
3. The delay commenced on [DATE], when [FACT: the first day the
affected work could not proceed]. This notice is given [X]
Working Days after that date.
4. We consider the delay falls within [GC 6.5.1 / GC 6.5.2 /
GC 6.5.3] and request an extension of the Contract Time.
The cause is [continuing / ended on [DATE]].
5. Current estimate of the effect on Ready-for-Takeover: [X Working
Days / not yet known]. We will provide particulars by [DATE].
6. Any claim for a change in the Contract Price arising from this
delay is notified separately under GC 6.6.1 by letter [REF].
Records held: [DAILY REPORTS], [PHOTOS], [RFI LOG EXTRACT],
[SCHEDULE UPDATE REF].
[SIGNATURE BLOCK]
Clause served: GC 6.5.4. Attach: the record fixing the commencement date (daily report, RFI log, stop-work order). Send by: within 10 Working Days after the delay commenced, counted from the first day of delay, not the day it was noticed; check the supplementary conditions, which may amend it (the OAA/OGCA standard set leaves GC 6.5 unchanged but adds the Consultant as a recipient of the GC 6.6.1 money notice).
Where Storia fits
Every period on this page runs from a date your own records must prove. Storia turns drawings, RFIs, schedules, correspondence and field reports into one source-linked project record, built as the work happens, so the commencement date in Template E or the awareness date in Template C can be traced back to the document it came from. That is the difference between a notice sent inside the window and a timeline reconstructed after it closed, and it is the same record a claim-ready case is built from.
CCDC 2 – 2020 GC 6.6.1: the separate money notice
GC 6.6 (Claims for a Change in Contract Price) is a second gate. GC 6.6.1 requires timely Notice in Writing of intent to claim, with no fixed period. It is a separate notice, so a time notice alone does not preserve the money. The Canadian notice page explains that the OAA/OGCA supplementary conditions add the Consultant as a recipient of the money notice. (Opinion.) With no fixed period, timely is argued after the fact; send it with Template E.
Template F. CCDC 2 – 2020 GC 6.6.1 notice of intent to claim
To: [OWNER CONTACT], Owner, [PROJECT]
Cc: [CONSULTANT NAME], Consultant
From: [CONTRACTOR], [AUTHOR, ROLE]
Date: [DATE]
Contract: [CONTRACT NO.], CCDC 2 - 2020 as amended by
Supplementary Conditions [REF]
Subject: Notice in Writing of intent to claim under GC 6.6.1 -
[SHORT DESCRIPTION]
1. This is Notice in Writing under GC 6.6.1 of our intent to claim
an increase in the Contract Price.
2. The claim arises from [EVENT / DELAY], notified under GC 6.5.4 by
letter [REF] dated [DATE] [and/or Change Directive [NO.] /
Supplemental Instruction [NO.]].
3. Nature of the claim: [e.g. reasonable costs of Owner-caused delay
/ extended general conditions / disruption to [WORK]].
Contractual basis: [GC 6.5.1 / GC 6.5.2 / OTHER].
4. We are keeping records of the costs as they are incurred, under
cost code [CODE], and taking reasonable steps to mitigate.
5. Our detailed account of the amount claimed and its grounds will
follow under GC 6.6 by [DATE] [or: as the effect continues, we
will submit interim accounts].
[SIGNATURE BLOCK]
Clause served: GC 6.6.1. Attach: the GC 6.5.4 notice reference and, if available, the first cost records. Send by: timely, which has no fixed period in the base form; send it the same day as Template E, and check the supplementary conditions for a period and for recipients.
The records that make each notice defensible
A notice asserts dates and causes. The records prove them, and they must exist before anyone asks. The full list for the claim itself is in the EOT claim readiness checklist; these are the records each notice leans on.
Frequently asked questions
What should a delay notice letter include?
The clause, the event, the date it occurred or commenced, the date you became aware, the work affected, your estimate of the delay (or "not yet known"), a statement that you claim an extension, and the records you hold. Send it to the person the contract names. Short is fine: in Panther the court said a notice "can be short and to the point", provided it reaches the Engineer within the 28 days.
Is an email a valid delay notice?
Often, if the contract's notice clause allows email and the email is identified as a notice under the named clause, reaches the right person and says what the clause requires. AS 4000:2025 is reported to recognise email notices. Check your contract's notice provisions and its special or supplementary conditions first.
How long do I have to give notice of delay?
AS 4000-1997: a delay notice promptly, then a written claim within 28 days of reasonable awareness (per summaries; confirm on the 2025 form). FIDIC 2017: a Notice of Claim within 28 days of awareness, and a fully detailed Claim within 84 days. CCDC 2 – 2020: 10 Working Days after the delay commences, plus a separate timely money notice under GC 6.6.1.
What happens if I miss the notice deadline?
Under FIDIC 2017 and CCDC 2 – 2020 the form bars the extension, and courts enforce it. FIDIC 2017 gives one safety valve: a late Notice is deemed valid if the Engineer does not object within 14 days, though the Employer can still dispute it at the Sub-Clause 20.2.5 determination, as commentary summarises it. In Victoria and Western Australia a statute may disapply an unfair time bar. Send the late notice anyway, marked as late. See notice and time bars.
Do these templates work for AIA or US federal contracts?
No. AIA A201–2017 and the FAR run different periods, triggers and service rules (an AIA Claim notice has its own delivery requirements). Start with notice and time bars in the United States.
Authorities
- AS 4000-1997 General Conditions of Contract Standards Australia, AS 4000-1997, cl 34.2 (notice of delay) and cl 34.3 (claim for extension of time); also AS 4902-2000As secondary summaries give it: cl 34.2 requires the Contractor to give notice promptly of anything that will probably cause delay, stating the cause and its estimate of the delay. cl 34.3 requires a written EOT claim within 28 days of when the Contractor should reasonably have become aware of the causation occurring, evidencing the facts of causation and the extent of the delay.No licensed Standards Australia text was read. The 28-day period and its trigger are given in the same terms by two independent secondaries (Turtons, 6 July 2018, which says calendar days; Construction Law Made Easy, ch 11). Principals commonly amend cl 34.
- AS 4000:2025 General Conditions of Contract Standards Australia, AS 4000:2025Reported by firm summaries to soften the delay-notice trigger from promptly to as soon as reasonably practicable. The 2025 text was not read. The EOT claim period under the 2025 edition was not verified, and secondary sources conflict on whether parts of the EOT sequence moved from cl 34 to cl 35 .
- FIDIC Conditions of Contract, Second Edition 2017 (reprinted 2022 with amendments) FIDIC Red, Yellow and Silver Books 2017, Sub-Clauses 1.3, 8.5, 20.2.1–20.2.4As published commentary summarises the form: EOT is Sub-Clause 8.5. A Notice of Claim under 20.2.1 is due within 28 days after the claiming Party became aware, or should have become aware, of the event or circumstance, with an express bar. The Engineer has 14 days under 20.2.2 to say the Notice is late, failing which it is deemed valid. 20.2.3 requires contemporary records. The fully detailed Claim under 20.2.4 is due within 84 days of the same awareness, or an agreed period, and must include a statement of the contractual and/or other legal basis. No 20.2 notice is required for an EOT consequent on a Variation.FIDIC text is licensed and was not read. The 84 days is given by Gowling WLG (Stewart and Lindsay, 23 May 2024), Diales (Duggan, 17 November 2020) and Gillion, Morson, Jackson and de Jager, [2018] ICLR 384. The Variation carve-out is reported by the ICLR article and by Howard Kennedy (Dedezade). 1999 edition: EOT 8.4, notice 20.1.
- CCDC 2 – 2020 Stipulated Price Contract Canadian Construction Documents Committee, GC 6.5 (Delays) and GC 6.6 (Claims for a Change in Contract Price)GC 6.5.4: "No extension shall be made for delay unless Notice in Writing of the cause of delay is given to the Consultant not later than 10 Working Days after the commencement of the delay." One notice suffices for a continuing cause. GC 6.6.1 separately requires timely Notice in Writing of intent to claim an increase in the Contract Price.GC 6.5.4 read verbatim from the publicly posted form (Part 6 corroborated). Other CCDC wording is licensed and is not reproduced. Owner-specific supplementary conditions may amend GC 6.5 and GC 6.6; the OAA/OGCA standard set amends GC 6.6.1 only.CCDC →
- Panther Real Estate Development LLC v Modern Executive Systems Contracting LLC [2022] DIFC CA 016 (judgment 12 May 2023), DIFC Court of AppealThe FIDIC 28-day notice is a clear condition precedent, not waivable by subsequent performance or by employer fault: the contractor lost its extension of time although all but 19 of the 325 days of delay were attributed to the employer. A valid notice may be short and to the point, provided it reaches the Engineer within the 28 days.The DIFC applies DIFC law, not the onshore UAE Civil Code. Decided on Sub-Clause 20.1 of an amended FIDIC 1999 Red Book; the 2017 Sub-Clause 20.2.1 bar is the same length and also express. Discussed on the neutral notice and time bars page.DIFC Courts →
- Elite Construction Inc. v Canada (Attorney General) 2021 ONSC 562 (Pinto J), aff'd 2021 ONCA 803A CAD 4.1M delay and extras claim dismissed on summary judgment for failure to give written notice within 10 working days of the neglect or delay. The Court of Appeal dismissed the appeal on the availability of summary judgment and on the absence of any waiver of the strict contractual notice requirements.A contract with the Government of Canada containing a 10-working-day notice clause. The condition-precedent analysis is the motion judge's; discussed on the neutral and Canadian notice pages.Find on CanLII →
About this material Library content is general information about construction claim practice, not legal advice. Entitlement, deadlines and procedure are governed by your own contract and by the law of the place the work is performed. Reviewed October 6, 2026 · Report a correction
In this article
- Which notice, under which form
- AS 4000 cl 34.2 and cl 34.3: a delay notice, then a claim
- FIDIC 2017 Sub-Clause 20.2.1: the 28-day Notice of Claim
- FIDIC 2017 Sub-Clause 20.2.4: the fully detailed Claim at 84 days
- CCDC 2 – 2020 GC 6.5.4: 10 Working Days from commencement
- Where Storia fits
- CCDC 2 – 2020 GC 6.6.1: the separate money notice
- The records that make each notice defensible
- Frequently asked questions