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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ICCP Announces New President

The ICCP is pleased to introduce Keith Kirkwood as the new President of the Institute of Construction Claims Practitioners. Keith is a Fellow of the Royal Institution of Chartered Surveyors, a Fellow of the Institute of Arbitrators, a Fellow of the Chartered Institution of Civil Engineering Surveyor and possesses over 45 years’ experience in the construction, property and […]

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Why appoint a ‘DAB’?

Through my review of several court case summaries and reports, it can be seen that many of the Gulf’s construction projects disputes relate to ambiguities in the Contract documents, the inability of contracting parties to administer their Contracts and unsubstantiated/incomplete claims (whether Extension of Time or cost claims). A review of the cases revealed that […]

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The Essential Elements of a Successful Claim

Ever struggle putting your claim narrative together and not sure what sections to include? This paper discusses the essential elements of a successful claim – cause, effect, entitlement and substantiation – and how, by remembering the acronym CEES, your claims will be more likely to succeed. The Institute of Construction Claims Practitioners has a detailed […]

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‘Thickening’ Of Preliminary Items

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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New routes to ICCP membership through Claims Class – the official training partner of the ICCP

The ICCP is now offering new routes to membership through Claims Class, the official training partner for the ICCP. Through this new agreement, Claims Class courses will provide routes to membership to join at Associate (AICCP) and Member (MICCP) levels. The ICCP recognises professionals skilled in writing, preparing, responding to and managing construction claims and […]

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Construction projects and risk management: NEC 4 – the evolution of contracts

For 12 years now the NEC3 contract has played a key role in delivering high profile projects through its reliance upon the values of proactive project and risk management procedures and the use of plain English. Following the widely anticipated release of NEC4, we outline the key changes to be aware of and the potential […]

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Claims for Prolongation Costs

It is common practice for contractors to link claims for additional payment for prolongation costs to claims for extensions of time and to present both as one single claim. Whilst this may be appropriate in straightforward circumstances, consideration should be given to dealing with the two subjects separately on the basis that the award of […]

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