The 28-Day Trap: How Good Claims Get Time-Barred in GCC Construction

Every commercial manager in the Gulf has a story like this one.

A contractor is delayed for six weeks because the client hands over a site area late. Everyone on the project knows it happened. It is in the site diary, it was discussed in three progress meetings, and there are photos on a dozen phones.

Eighteen months later, the contractor submits its extension of time claim. The Engineer's reply is one line long: the claim is time-barred. No extra time. No money. Just liquidated damages.

What the 28-day rule actually says

Under FIDIC (Sub-Clause 20.1 in the 1999 Red Book, Sub-Clause 20.2 in the 2017 edition), if you believe you are entitled to more time or more money, you must give formal notice within 28 days of becoming aware, or of when you should have become aware, of the event.

Miss that window and, in most cases, you lose the right to claim. It does not matter how strong the facts are.

The 2017 edition adds a second clock: a fully detailed claim within 84 days. Two clocks, both unforgiving.

Why good teams still miss it

It is rarely laziness. It is usually one of these:

• "They already know." The client's team was in the meeting, so the site team assumes that counts. A line in the minutes is not a contractual notice.
• Nobody owns the date. The site engineer spots the problem, the planner models the delay, the QS prices it, and the clock belongs to no one.
• The spreadsheet nobody opens. Claims sit in an Excel log on one person's laptop. By the time someone checks it, it is day 35.
• Relationship worries. Teams hold back notices so they don't look "claims-minded" with a client they want to keep. The client's lawyers will not return the favour later.

What a good process looks like

1. Log the event the day it happens, with the date you became aware.
2. Start the clock straight away, so everyone can see how many days remain.
3. Send a short, formal notice early. It can be two paragraphs. Detail comes later.
4. Keep the evidence linked to the claim: diary entries, photos, letters, meeting minutes.
5. Make the countdown visible to management, not hidden in one person's inbox.

How BuildRevu helps

In BuildRevu, when a claim or notice is raised, the contract clock starts running on screen. Each item shows plainly where it stands, for example "Day 12 of 28" or "Due in 3 days", so the commercial team sees the risk well before the deadline.

Evidence such as site diary entries, photos and correspondence sits next to the claim instead of in scattered folders. Every action is recorded with a timestamp in a history that nobody on the project can edit. When the time comes to show when you gave notice, the answer is already there.

The bottom line

Most time-barred claims are not lost on merit. They are lost on admin. A 28-day window feels long on day one and impossibly short on day 27. Put the clock where everyone can see it, and those claims stay alive.

Ashwani Bhalla is the Founder of BuildRevu and Principal at AEAS Concept Project Management Services, Dubai.