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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Global Claims – What was the Impact of Walter Lilly v Mackay?

Traditionally, construction disputes require the claimant to produce its plea in great detail. Because of the complex nature of construction projects claimant contractors are often not able to sufficiently prove the overall impact of delay and disruption events out of their responsibility and control. This led to the rise of much disputed global claims (Uff, […]

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Poorly Drafted Contract Documents

Poorly drafted contract documents are often the source of claims. If they contain contradictions or ambiguities, it is natural for each party to interpret the inconsistencies to their advantage, thus giving grounds for contention and dispute. I was recently asked for my opinion on the following case and I thought it would be worth sharing. […]

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The Requirement to Give Notice of Claims

Anthony Hussey of Hussey Fraser Solicitors addresses the requirement to give notice of claims under most forms of contract. “Under most forms of contract it is now a condition precedent to making a claim that notice be given of the claim within a short period of time.” Once upon a time there was no need […]

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When to deal with Contractor’s Claims

I have been involved in a large project where my role is to provide assessments of the contractor’s claims for extensions of time and prolongation costs. The project experienced numerous delays and to date I have provided assessments of 25 extension of time claims and awards have been made for 11 claimed events. As usual […]

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The Preliminaries to the Claim

The object of a claim document is to convince the respondent that the claimant is entitled to an award and the quantum of the award. It must also be remembered that the onus is on the claimant to prove his case. To help this objective it is vitally important to ensure that any reviewer of […]

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Numbering and Referencing of Documents

For ease of reference, it is important to number both the pages and paragraphs within a claim, a report or, in fact, a lengthy letter. The reason for this, as well as producing a more professional looking document, is to allow easy reference to be made to a particular section. Imagine being in a meeting […]

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Construction Delays – Do Arbitrators and Courts have a Preference for a Certain Delay Analysis Methodology?

Disruption and delay seems to be of major importance in today’s construction world. Market pressure requires contractors not only to accept projects with insufficient profit margin but often requires them to price incomplete tenders with a lump sum price and complete the projects in the shortest possible period. For several different reasons this often leads […]

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Alternative Dispute Resolution in International Oil & Gas Construction Projects

Conflict is a common part of international oil and gas projects and if you and your contractual counterpart do not agree on proper dispute resolution, you will either have to write off what you believe are your contractual rights or you will end up in a costly and lengthy court case. ICCP Fellow, Thomas Pfeller, […]

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