Does a Variation Lead to One Claim or Three?

One of our distance students asked the question that if a variation causes additional work, a delay to the completion date and leads to entitlement to the payment of associated prolongation because all the entitlement stems from the variation costs, should one claim be submitted for the whole matter? This is a question that I […]

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The Added Value of Good Consultants

I was recently asked to prepare and present a training course on procurement to a large developer in the Middle East and one of the topics I was keen to get across concerned the selection of consultants on construction projects. As we know, the consultants have a major role in the successful outcome of a […]

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Determinations, Rocks and Hard Places

Most form of contract oblige the consultant responsible for determining the contractor’s claims (the Architect, Engineer or Contract Administrator), to make a fair and reasonable award or decision in accordance with the contract. One of the questions that is frequently asked on our training courses by those acting in such positions is “What should we […]

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Extension of Time Claims – Cause and Effect

If a claim is to succeed, it is vital that it contains a persuasive argument to demonstrate that the claimant is entitled to an award and the quantum of the award. In this paper, I am going to share with you some key elements that must be included to help a just extension of time […]

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Claims – Getting it Right

I have performed assessments of several claims on a large project on behalf of the employer and consultant’s teams and most of the assessments have had to go through two or more revisions. The reason for this is that after the initial claim assessment, which was made based on the information the Contractor submitted with […]

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Procedure for the Review of Claims

A frequently asked question on our Claims Class training courses is “how should the engineer (or other party responsible for responding to a claim) ensure that he is being fair to both parties when making a decision or determination?” In my experience, claim submissions range from totally inadequately expressed claims to very well-presented documents but […]

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Contractor’s Entitlement

Most contracts these days are let on a fixed price basis, which means that the contractor has to bear the risk of increases in the price of labour, plant and materials which may occur thought the duration of the project. Contractors make allowances for inflation when pricing the job and if inflation is less than […]

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Notices, Conditions Precedent and Time Bars

One of the most frequently asked questions put to me at CPD events and training workshops is in connection with notices. The questions are usually in the form of ‘If we fail to send a notice of claim, or we do not send the notice in time, will our claim be time-barred?’

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Claiming Prolongation Costs when there is no Entitlement to an Extension of Time

It is generally accepted that, in a situation where a contractor is entitled to an extension of time, he is also entitled to claim for time-related costs for site overheads and head office running costs for the additional time that he was obliged to remain on site. This is based upon a fundamental principle of […]

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Responses, Determinations and Decisions

A recent training course that I presented in London was slightly unusual in that the balance of the delegates was significantly weighted towards the client’s side and also included an arbitrator and an adjudicator. These particular delegates were obviously interested in learning how claims should be responded to and in the case of the arbitrator […]

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