Construction Information Management: Proactive Tips to Increase Your Success Rate of Claims, a 5-Part Series – Part 1

Part 1:  Dear Diary… Hindsight is 20-20 they say, but the benefit of hindsight comes from being able to look back with clarity. The view looking back can get obscured when developing construction claims at the end stages of a project if the right information wasn’t captured during course of the work. Substantiating delays and impacts to […]

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Canada: Recent Decision Confirms that Notices of Claims Do Not Have a ‘Standard Form’

What constitutes a notice of claim? Parties to construction lawsuits often find themselves disputing whether a particular email or letter is a valid notice of a claim that complies with the notice provisions of their contract. While some contracts spell out exactly how a notice is to be prepared, sent and addressed; others are vague […]

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Auditing of Prolongation Costs

It is necessary to substantiate everything contained in a claim document. This should of course apply to the calculation of prolongation costs. Such a claim should include: A list of time-related resources deployed (staff, non-productive labour, plant, vehicles, equipment, site buildings and the like.) Energy costs such as electricity, water and diesel for time-related plant […]

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Contractors: Project Documentation Can Make or Break Your Claim

In my experience as a trial lawyer specialising in construction claims, I see a consistent pattern with project documentation: weak project documentation impairs the claimant’s ability to resolve the claim, whether by settlement, arbitration, or trial. The weaknesses generally fall into three categories: (1) failure to follow contractual requirements for notice; (2) failure to completely […]

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Top 10 Secrets of a Successful EOT Claim

Demonstrated Contractual Entitlement. Many claims fail for the simple reason that the stated events don’t give rise to a contractual entitlement to an EOT. Detailed Records. Above all else, the quality of a claim is founded on the quality and detail of the project records (updates, progress reports, notices, etc etc). Clearly Documented Delay Events. […]

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Variations and Additional Preliminaries

I was asked an interesting question recently, which was “if a variation causes the contractor to incur additional preliminary costs, should these be claimed as part of the variation, or should a separate claim be submitted?” I am sorry, but I am going to have to give a lawyer’s answer to this – on the […]

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Spotlight on Contract Content

Risks or chances not identified in the contract agreement could lead to an increased financial risk to the contractor. No project is undertaken without some form of contract. The form of contract can be controversial with preferences given to certain standard forms such as FIDIC, NEC, JCT, ICE, etc. However, it is the content of […]

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Construction Project Documentation: Explaining Business Records Exception to the Rule Against Hearsay

Given the critical role of written documentation in resolving construction claims – whether inside or outside of the courtroom – it is essential that companies adequately train the individuals who create written documentation. Depending on experience and training, the average worker on the project management or quality control team may not be aware of the […]

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Planning Progress Records | Best Practice

Most contracts will identify the creation of the Baseline (As-Planned) programme and the regular reporting periods. FIDIC contracts refers to the Baseline under Clause 14 or 8.3.  An essential project tool is a programme which allows the project team to understand where they are, where they are going and how to get there. However, the […]

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Clarification of Payment Claims Following the High Court’s First Ruling on Security of Payment Legislation

In late December 2016, the High Court handed down its first-ever decision about how the security of payment legislation in Australia should be used to obtain payments.1 The High Court confirmed that there must be a reference date for when payments can be claimed under a construction contract in order for a builder, contractor or consultant to […]

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