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 the contractor considers that the claim is just, then the matter is elevated to an expensive and time-consuming dispute, which is something that could often have been avoided had the contractor prepared his claim properly in the first place.

The Institute of Construction Claims Practitioners has a detailed paper on this subject with advice on the presentation of claims that will help to avoid such situations.

To request a copy, please send an email with your contact details to hello@instituteccp.com with “Claim Narratives” in the subject line.

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Comments

Leave a comment 7 Reader Comments
  1. Written by
    Tahir Ayub
    on

    Kindly provide me a copy

  2. Written by
    Ammar Al-Saket
    on

    Claim Narratives

  3. Written by
    Anand Juddoo
    on

    Claim Narratives

  4. Written by
    David Barker
    on

    Thanks Michelle.

    Its written from the perspective of a reviewer and I agree a little bit of honey catches more flies.

    However, in the Contracts that I work with, modified FIDIC and I have worked both sides of the fence most of the claims that have employer culpability are caused by the employers impatience at the early feasibility design stage (get the project out the door now, I don’t care what it takes), or the drafter of the Contracts subterfuge (heavily modified standard contracts and specifications because the project goes to tender prematurely), and then latterly due to the failure of the negotiators to get a proper meeting of the minds at negotiation stage (employers impatience again, do you want the job or don’t you? Stop wasting my time with such frivolities, so the agreement to do something is heavily caveated, “…yes of course I will do it if its properly specified…” or “…as long as that is what you want I will do it…”), or simply incompetent contract administrators post contract (lowest bidder wins the contract mentality) “… it says here that you will do it (whilst referring to the coordination clause)…” “…yes dummy I will coordinate it, but if its missing I won’t provide it myself free of charge…” “…yes you will it says so here and the most stringent clause applies…”! despite the actual obligation clause saying it will be provided by others? Grrr.

    I can get around little bits of subterfuge, employer ignorance and general incompetence of the creatures of the contract and will argue my case in easy pretty straightforward steps, however, the case usually becomes very complicated because of the stakeholders hidden agendas and because somebody will end up with egg on their face whichever way they look at it.

    Don’t forget the exculpatory clauses and the impartiality of the Engineer (who is a Corporate body/Consultancy paid by the Employer?) who will make the determination/or will he? only if he has had that power delegated which is rare.

    And that is why relationships breakdown and each party becomes retractable and entrenched in their own view and the snowball grows bigger and bigger and the case becomes harder and harder to unravel because of concurrences and lack of decisions or is it lack of decisions and concurrences, thereby, dominant causes etc. etc. etc.

  5. Written by
    A.D.Lalith on

    I need a copy of “Presentation of Claim Narratives” to my e.mail address please
    A.D.Lalith
    Chartered QS
    MRICS
    Sri Lanka

  6. Written by
    Manavalan
    on

    Kindly provide me a copy of “Presentation of Claim Narratives” to my e.mail address.
    p_manavalan@hotmail.com

  7. Written by
    TB
    on

    Dear Sir/Madam,
    Can I have a copy of the ‘Presentation of Claim Narratives’

    Thank-you

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