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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Legal Q&A: Delay Developments, by Eric Johnstone

This short article explores what’s new in the Society of Construction Law Delay and Disruption Protocol. This article was originally published in Civil Engineering Surveyor magazine and has been included here with permission from the editor. Click here to read.

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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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