Category: Executive Officer’s Blog

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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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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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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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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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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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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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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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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