Construction Claims and Responses: Effective Writing and Presentation

The author has had a great deal of hands–on experience at the coalface of preparing and responding to claims and this oozes from the pages .essential reading for anyone who is preparing a claim for the first time. For those of us with experience aplenty, the book provides an excellent aide–memoire and will ensure that nothing is missed. I like the book and have no hesitation in recommending it to students, beginners, those involved on a day–to–day basis with time and cost on projects, as well as the seasoned claims consultants.                                                                           Roger Knowles

 

The book examines the different types of claim common to construction contracts and presents a step–by–step guide to demonstrate the process of building up the submission of a claim.

It includes guidelines on setting out the claim, section by section, to ensure that the essentials of a successful claim are included. Worked examples of claims for variations, extensions of time and additional payment are given together with sample wording showing precisely how the claim may be presented in a manner which will lead the reviewer to a logical conclusion – or at least contain a persuasive argument to support the claimant s case.

The vast majority of claims are managed without the need to resort to case law or legal matters. Construction Claims & Responses: effective writing & presentation therefore discusses what the claim is trying to achieve and how to do this logically and persuasively. This is a practical, hands–on guide for the construction industry professional which explains how to approach the preparation of the claim document, what topics to cover, how to present the essential elements and how to compile the submission document into a user–friendly and comprehensive document.

For construction project personnel worldwide who need to review such submissions – from all sides, contractors, subcontractors, consultants and client the author advises how to prepare responses which set out the respondent s counter arguments, points of view and determinations.

For this Second Edition, the guidance has been updated and the text improved, incorporating feedback from readers, including a new chapter on contract administration for claims. Also new is additional material covering explanations, summaries and conclusions in narrative writing. The additional material is included as a result of feedback received from the successful course run by the author via his Claims Class distance learning course.

About the Author vii

Foreword by Roger Knowles ix

Acknowledgements xi

Chapter 1: Introduction 1

Why is it Necessary to Produce a Fully Detailed and Professionally Presented Claim or Response? 1

The Purpose of the Book 3

Things to be Considered Before Writing the Claim 4

The Form of Contract Used in the Examples 7

Definitions 8

The Example Projects

Chapter 2: Contract Administration for Claims

Introduction

The Contract Documents

Programmes and Planning

Records, Records, Records

Chronology and Database

Notices

Dispute Adjudication Boards and the Like

Summary

Chapter 3: Types of Claim 11

Claims for Variations 11

Claims for Extensions of Time 16

Claims for Additional Payment Due to Prolongation 19

Acceleration and Disruption Claims 22

Claims for Damages Under Law 25

Interim and Final Claims 28

Contract Administration and Project Records 29

Dispute Adjudication Boards and the Like 32

Chapter 4: Presentation 35

Presentation of the Submission or Review Document 35

Writing Style 36

Making the Document User–Friendly 40

Making the Submission or Review a Stand–Alone Document 40

Do Not Assume that the Reviewer has Knowledge of the Project or Circumstances 41

The Importance of Leading the Reviewer to a Logical Conclusion 42

Use of the Narrative to Explain Other Documents 42

Substantiation by the Use of Exhibits and Additional Documents 43

Compilation of the Document 45

Summary of the Principles Covered in this Chapter 46

Chapter 5: The Essential Elements of a Successful Claim 49

Introduction 49

Summary of the Principles Covered in this Chapter 75

Chapter 6: The Preliminaries to the Claim 77

Introduction 77

Chapter 7: The Extension–of–Time Claim 101

The Method of Delay Analysis 102

Chapter 8: The Claim for Additional Payment 123

Calculations 134

Chapter 9: The Appendices and Editing 139

Arrangement of the Appendices 139

Editing and Review 144

Chapter 10: Claim Responses and Determinations 147

Chapter 11: A Note on Dispute Boards

Useful Information Sources

FIDIC Clause References

Index

Andy Hewitt has over 40 years experience in the construction industry – UK, Africa and the Middle East, holding senior commercial and project management positions with contractors, subcontractors and consultants. His experience in a variety of roles and on many prestigious international projects has given him the ability to see things from both the client and contractor s points of view. This has led him to specialise in claims and dispute management on behalf of both claimants and respondents.