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ARTICLE · 25 APRIL 2016

Are Notice Clauses Always Fair And Reasonable?

Fenwick Elliott LLP
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As we have discussed in previous issues of IQ and our Annual Review, under the FIDIC form there is a requirement on both the Contractor and Employer to submit notices about claims ..

United KingdomReal Estate and Construction
Jeremy Glover
Jeremy Glover
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As we have discussed in previous issues of IQ and our Annual Review, under the FIDIC form there is a requirement on both the Contractor1 and Employer2 to submit notices about claims and that if they do not do so within the timescales set out in the contract there is a real chance that they will lose the right to make such a claim.

This issue came up in the recent English case of Commercial Management (Investments) Ltd v Mitchell Design and Construct Ltd & Anr.3  In April 2002 Regorco had entered into a subcontract with Mitchell to carry out certain ground treatment (or vibro-compaction) works at a site on which a warehouse was to be built. By a separate subcontract Regorco also agreed to carry out the piling at the site.  The vibro-compaction works were carried out at the end of March 2002, and the piling was installed a month or two later. Practical completion of the building was achieved on 19 December 2002. However, some nine years later, in November 2011, the

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