To Submit or not to Submit?

There are sometimes occasions where circumstances dictate that a claim may be warranted, but the situation is not so clear-cut that you are sure whether the claim is totally justifiable, or whether it will ultimately succeed. What are your options here? On the one hand if you don’t submit the claim, you will definitely not […]

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The Importance of Due Diligence when Examining Claims

If you are tasked with examining claims and producing an assessment or determination, the importance of undertaking a complete and comprehensive examination of the matter cannot be overstressed. This was emphasised to me recently when I was producing an assessment of a contractor’s claim for an extension of time. Towards the end of my information […]

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Presentation of Claim Narratives

EC Harris’ (now Arcadis) “Global Construction Disputes” report cited incomplete and unsubstantiated claims as a major reason of disputes. Simply put, this means that the claimant has not prepared his claim to a standard that is required for the administrator of the contract to consider that the claim has merit, resulting in rejection of the claim.  If […]

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Windows Analysis

Windows analysis refers to periods of time in which the project programme will be reviewed. The window periods need to be determined before any analysis is undertaken. Commonly on shorter project durations monthly windows would be used, whereas projects that run for a few years could have windows based on a two or three monthly […]

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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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