The Different Types of Claims

A claim is simply an assertion of a party’s right under the terms of a contract or under law. In the construction industry, this more often than not comes down to either a right to additional time to complete the works, or to additional payment and is very often a combination of the two. The Institute […]

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Proving Extension of Time Claims

By Manoj Bahl MSc MEng CEng MICE MCIArb, Senior Director, FTI Consulting. Originally published by the Chartered ICES Construction Law Review. Extensions of time are again hitting the headlines following the recent Technology and Construction Court decision in Carillion Construction Ltd v Emcor Engineering Services Ltd1 and others [2016], a dispute in relation to the […]

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Delay Analysis Methodologies

“What are the factors affecting the selection of delay analysis methodologies in construction claims?” Whilst the selection of the appropriate type of delay analysis to demonstrate an extension of time claim is important if the claim is to succeed, the different methodologies are often not understood by either those who prepare claims, or by those […]

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Middle East Construction Disputes

Arcadis’ recent Global Construction Disputes report says that disputes in the Middle East rose to their highest value since 2011 and that the Middle East remains the only region with increasing dispute values compared to the previous year. The length of time taken to resolve disputes in the Middle East rose to 15.2 months in […]

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Notices & Conditions Precedent

The failure to submit notices in the proper form or within prescribed time frames is one of the biggest mistakes that contractors make in connection with claims. In many forms of contract, a failure to submit notices will mean that the contractor will not be entitled to an extension of time and/or additional payment.  In […]

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Project Records

The success of a claim will depend on the claimant being able to prove the cause and effect of the claimable event and to do this, good record keeping is essential.  The ability to substantiate dates and times in the case of an extension of time claim will prove to be of great benefit. The […]

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Programmes & Planning

In the case of delays, programmes will become an essential means of demonstrating the effects of the delays on the completion date and hence, the contractor’s entitlement to an extension of time. The contractor’s intended programme should be prepared and agreed early in the contract period. Those responsible for administering the contract on behalf of […]

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First Impressions of a Contractor’s Claims

I have just spent half a day reviewing a contractor’s claim on a project where I have been appointed to manage the claims and produce assessments on behalf of the Engineer. My impressions after this first review are that the Contractor may very well have a valid case for an extension of time, but to […]

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An Alternative Dispute Resolution for Variations in Construction Contracts

The purpose of this article is to suggest and discuss an alternative method of resolving construction disputes with respect to variations, where technical disputes relating to variations get resolved during the course of the project without requirement for formal dispute resolution. Such a method would reduce the contractor’s burden of cash flow issues whilst protecting […]

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Professional Recognition for Construction Claims Practitioners

The Institute of Construction Claims Practitioners meets the urgent need to standardise construction claims methods. The Institute of Construction Claims Practitioners (ICCP) is an international organisation providing recognition to those who have gained experience and qualifications in the claims sector of the construction industry. The ICCP offers individual membership at Associate (AICCP), Member (MICCP) and […]

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