Panther Pounces on Late Notice: Dubai court disagrees with Obrascon on time-bar under Sub-Clause 20.1 of FIDIC 1999

Contractors who fail to issue their FIDIC 1999 Sub-Clause 20.1 notices on time are easy prey.

In a brutal decision for contractors, the Dubai International Financial Centre (DIFC) Court of Appeal has revisited the question as to when a Sub-Clause 20.1 notice should be given (in particular, when the 28-day notice period starts to run) and has challenged the findings of Mr Justice Akenhead in Obrascon Huarte Lain SA v Attorney General for Gibraltar  [2014] EWHC 1028 (TCC).

In this article, I review the decision in Panther Real Estate Development LLC v Modern Executive Systems Contracting LLC [2022] DIFC CA 016 and its implications for you.

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