FIDIC time bars, instructions and variations

By Allan Skelton

A recent Technology and Construction Court (TCC) decision and an adjudication that we acted on have raised interesting issues relating to FIDIC time bar provisions.

The decision in Obrascon Huarte Lain SA v Attorney General for Gibraltar has led to much recent discussion as to the application of the time bar/condition precedent provisions contained within sub-clause 20.1 of the FIDIC Conditions.

These provisions state that if a contractor wishes to claim an extension of time (EOT) or additional payment it must give notice no later than 28 days after it became aware, or should have become aware, of the event or circumstances giving rise to any such claim…

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