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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Evaluation of Variations on Lump Sum Contracts

At a recent Claims Class Construction Claims training course, one delegate raised a frequently asked question in connection with lump-sum contracts and items included in the bills of quantities, but not shown on the drawings. The question was ‘if something is included in the bill of quantities but not required, can the Engineer omit the […]

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The Problem with Inadequately Expressed Claims and Responses

EC Harris’ report Global Construction Disputes Report 2013 cites incomplete and/or unsubstantiated claims as one of the major reasons for construction industry disputes. A typical scenario that I have experienced on many occasions is when a contractor submits a badly prepared or ‘inadequately expressed’ claim to the engineer for evaluation and the engineer rejects the […]

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When Should Extension of Time Claims be Submitted?

We were recently appointed by a contractor to prepare an extension of time claim. The contractor exceeded the completion date 3 months ago and although there are many employer-caused delays, he has not so far submitted any claims for extensions of time. Unfortunately, this approach by contractors is all too typical and although it often […]

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