Construction Claims and Responses

Andy Hewitt has over 40 years’ experience in the construction industry in the UK, Africa and the Middle East working on both sides of the contracting fence. Many of these years have been focused specifically on contractual claims and disputes. He’s a FIDIC Certified Trainer and is the creator and a partner in Claims Class, an organisation that provides education and training on construction claims, FIDIC contracts, and related subjects.

• About the Author xiForeword xiiiInstitute of Construction Claims Practitioners xvClaims Class xviiAcknowledgements xixChapter 1 Introduction 1Why Is It Necessary to Produce a Fully Detailed and Professionally Presented Claim or Response? 1The Purpose of the Book 3Things to Be Considered Before Writing the Claim 5The Form of Contract Used in the Examples 8Definitions 9The Example Projects 10Chapter 2 Contract Administration for Claims and Claims Avoidance 11Introduction 11The Contract Documents 11Programmes and Planning 15Good Records, Good Records, Good Records 17Chronology and Database 19Notices 22Dispute Adjudication Boards and the Like 24Procedures 25And Finally 26Chapter 3 Types of Claim 27Claims for Variations 27Claims for Extensions of Time 32Claims for Additional Payment Due to Prolongation 34Acceleration and Disruption Claims 35Claims for Damages Under Law 36Interim and Final Claims 38Chapter 4 Presentation 41Presentation of the Submission or Review Document 41Writing Style 42Key Points for Claim Presentation 46Making the Document User-Friendly 47Making the Submission or Review a Stand-Alone Document 48Do Not Assume That the Reviewer Has Prior Knowledge of the Project or Circumstances 49Superfluous and Irrelevant Information 49The Importance of Leading the Reviewer to a Logical Conclusion 50Explanations, Summaries and Conclusions 51Use of the Narrative to Explain Other Documents 51Substantiation by the Use of Exhibits and Additional Documents 52Compilation of the Document 54Summary of the Principles Covered in this Chapter 55Chapter 5 Essential Elements of a Successful Claim 57Introduction 57Cause 58Effect 59Entitlement 63Substantiation 67Summary of the Principles Covered in this Chapter 79Chapter 6 The Preliminaries to the Claim 81Introduction 81The Front Cover 82Formatting of the Document 85The Contents 86The Executive Summary 87The Statement of Claim 88Definitions, Abbreviations and Clarifications 90The Contract Particulars 92Chapter 7 The Claim 99Cause and Effect 100The Extension of Time 102The Additional Payment 113Calculations 125Entitlement 129Chapter 8 The Appendices and Editing 135Arrangement of the Appendices 135Editing and Review 138Chapter 9 Claim Responses and Determinations 141Chapter 10 A Note on Dispute Boards 167Information Sources 173Index 175