Category: Industry Insights

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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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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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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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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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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Contract Documents

It is extremely important for the contract administration system on a project to manage the documents forming the contract efficiently. In a claim situation, these documents will assist in producing an effective claim submission and may be vital to its success. 1.  The contract documents should be compiled and signed as soon as possible after […]

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