Waleed Tariq Academy homeNEC4 vs FIDIC 2017 · Communications that count
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NEC4 vs FIDIC 2017 · Module 1 · Lesson 3 of 4

Communications that count

8 screensAbout 7 minutes

Why it matters

On 6 March Merrow Vale Civils, the Contractor, notifies the buried concrete twice

A failed notice was never sent.

ECCLeila Moss, commercial manager
Sends
Notification
Limit
8 weeks
Red BookOwen Hale, Contractor’s Representative
Sends
Notice of Claim
Limit
28 days
brings GBP 76,500 and 7 days. When does each count?

Source: ECC 13.2, 61.3. FIDIC 1.3, 4.3, 20.2.1.

The rule

A Red Book Notice must say it is a Notice and come from Owen

Get the form wrong and it may not count.

ECC

  • Readable, can be copied and recorded (13.1)
  • A goes on its own (13.7)
  • Any sender

Red Book

  • In writing
  • Headed as a (1.3)
  • From Owen, signed or from his account (1.3, 4.3)

Source: ECC 13.1, 13.7. FIDIC 1.3, 4.3.

The rule

The ECC counts a portal message that day, the Red Book the next

Count Red Book periods from receipt, not sending.

“deemed to have been received on the day after transmission” (FIDIC 1.3)

Same dayECC

Effect as it passes through the (13.2).

Next day

Received the day after sending, weekends included (1.1.25).

Source: ECC 13.2. FIDIC 1.1.25, 1.3.

The rule

The ECC sets one reply period, the Red Book one per Sub-Clause

Extend an ECC reply only by agreement in time.

“agree to the extension before the reply is due” (13.5)

The wet well design and the time to replyOne ECC lane from mid February to early April 2026. Each numbered marker matches an event in the card and the list.FebruaryMarchAprilECCDue 25 Mar2 weeks2 weeksextended1 Submitted2 Not accepted3 Resubmitted4 Extension agreed5 Accepted
  1. 116 FebSubmittedECC Merrow Vale submits its wet well design for acceptance. Dana Whitfield, the Project Manager, must reply within the two week period for reply.
  2. 227 FebNot acceptedECC Dana does not accept it. Her reason, no flotation check, tells Merrow Vale what to put right (13.4).
  3. 311 MarResubmittedECC Merrow Vale resubmits with the flotation check. A fresh two weeks runs to 25 March.
  4. 419 MarExtension agreedECC Dana and Merrow Vale agree to extend the reply to 1 April, before it falls due (13.5).
  5. 531 MarAcceptedECC Dana accepts the design, inside the extended period.
116 FebECC

…

ECC · period for reply2 weeksContract Data (13.3)
Red Book · Review21 daysReceived 17 February, so to 10 March (4.4.1)

Source: ECC 13.3, 13.4, 13.5. FIDIC 4.4.1.

See it on the project

Both notices use one portal, but the Red Book Notice lands a day later

Follow each notice to the day it counts.

The buried concrete notices under both contractsTwo lanes across March 2026. Each numbered marker matches an event in the card and the list.MarchAprilECCRed BookFound 3 Mar1 week28 days to give notice1 Early warning2 Takes effect3 Reply due4 Notice sent5 Deemed received6 28 days end
  1. 13 MarEarly warningECC Raj Patel, the Contractor’s planner, gives an early warning of the buried concrete through the portal the same day.
  2. 26 MarTakes effectECC Leila’s compensation event notification goes through the portal on its own. It takes effect that day (13.2, 13.7).
  3. 313 MarReply dueECC Dana’s one week to reply to the notification ends (61.4).
  4. 46 MarNotice sentRed Book Leila drafts the Notice of Claim, headed as a Notice. Owen sends it from his own account.
  5. 57 MarDeemed receivedRed Book The Notice of Claim is deemed received on Saturday 7 March. Calendar days count (1.1.25).
  6. 631 Mar28 days endRed Book The last day for the Notice of Claim, 28 days after Merrow Vale became aware on 3 March (20.2.1).
13 MarECC

…

Decide first

Dana says nothing by 21 March. Is Claim 1 at risk?

No. It was received on 7 March, inside the 28 days, so it is valid anyway. Dana’s 14 days to call it late ran from receipt, to 21 March.

FIDIC 20.2.2

ECC. Suppose Dana missed the 13 March reply. What can Leila do?

Notify Dana of the failure. If it went on two more weeks, that would count as accepting a and an instruction to quote.

ECC 61.4

Source: ECC 13.2, 13.7, 15.1, 61.4. FIDIC 1.1.25, 1.3, 4.3, 20.2.1, 20.2.2.

See it on the project

Owen heads his Notice as a Notice

Copy it. Under the ECC, Leila sends Letter 02 on its own.

What to writeNotice of Claim

NOTICE

To: Dana Whitfield,

Copy: Aldermere Water, the

From: Owen Hale, Contractor’s Representative

Notice of Claim for [the event] (Sub-Clause 20.2.1).

We became aware of it on [date].

In the Toolkit: FIDIC 2017 Claim Notices, Notice 01

Source: ECC 13.7, 61.3. FIDIC 1.3, 4.3, 20.2.1.

Try it

Sort each message: does it meet the rules or break them?

Hint: for each message, ask who sent it, how it was headed and which route it took.

Message 1 of 6

…

Source: ECC 13.2, 13.7. FIDIC 1.3, 4.3.

Recap

Each notice needs the right form, sender and route

Habits that keep every notice valid.

On Monday at work

  • ECC: send each notification alone through the portal, never in minutes (13.7).
  • Red Book: Owen sends every Notice from his own account, headed as a Notice (1.3, 4.3).
  • Red Book: diary each period from the day after sending (1.3).

In the Toolkit: FIDIC 2017 Claim Notices (zip) Members

Next lesson: When documents conflict

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Independent course material. It is not published or endorsed by NEC or FIDIC. Clause references are to the NEC4 Engineering and Construction Contract (June 2017 with amendments January 2023) and the FIDIC Conditions of Contract for Construction, Second Edition 2017 as first published. The project and the people are invented. Short quotes from NEC4 (© NEC 2017) and the FIDIC Red Book (© FIDIC 2017) are used for review and comment. Read the full clauses in your own copy of the contract.

Source: ECC 13.2, 13.7. FIDIC 1.1.25, 1.3, 4.3.

Go deeper (optional)

Four cases that change the count, from non-delivery to the start-up Notice

Harder points. Open a card when you want them.

A non-delivery message

The Red Book Notice is not deemed received. Send it again, or deliver it by hand against a receipt.

FIDIC 1.3

No system in the Scope

An ECC communication would take effect when it reached the address Dana last notified, or else the Contract Data address.

ECC 13.2

A reply that does not accept

Dana gives reasons in enough detail for Merrow Vale to put it right. Merrow Vale then resubmits within the period for reply.

ECC 13.4

The start-up Notice

Dana’s Sub-Clause 8.1 Notice went through the portal on 22 December 2025 and was received on 23 December. So the 28 days for the initial programme ran to 20 January 2026.

FIDIC 1.3, 8.3

Source: ECC 13.2, 13.4. FIDIC 1.3, 8.1, 8.3.