Most standard form contracts contain clauses requiring that notice be given in respect of claims, be it for additional compensation or an extension of time, and provide that the claim will be forfeited if notice is not given. For instance, clause 20.1 of the FIDIC Red Book (1999) provides that, unless notice is given within 28 days after the contractor became aware, or should have become aware, of the event or circumstance entitling him to an extension of time or any additional payment, the employer is discharged from his liability in connection with the claim. This type of clause has historically been enforced. The courts have recognised individual autonomy and the freedom of contract. The party to a contract accepts responsibility for his actions and, in turn, the principle of pacta sunt servanda, requiring exact enforcement, has been applied. There are of course exceptions. The promulgation of the Constitution of the Republic of South Africa3 has implications in this regard. Section 34 of the Constitution provides: