Construction Claims and Responses (eBook)

Andy Hewitt, FICCP, FCIOB, FCInstCES, FQSi has over 40 years' experience in the construction industry, gained in the UK, Africa and the Middle East. His earlier career included senior positions with contractors, subcontractors and consultants in project, commercial and contract management roles, during which time he worked on many prestigious projects. For the past 15 years or so, Andy has specialised in contractual matters, claims and disputes, culminating in him becoming a partner in Hewitt Decipher Partnership, offering consultancy services relating to contractual and commercial matters, claims and disputes. Andy is also a partner in Claims Class, a specialist organisation that offers training and education on claims, the FIDIC contracts and related subjects. Hundreds of companies and individuals have benefitted from Andy's experience, delivered via Claims Class' internationally acclaimed workshops and e-courses.

About the Author ix

Foreword by Roger Knowles xi

Acknowledgements xviii

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 5

The form of Contract used in the Examples 8

Definitions 9

The example projects 10

Chapter 2: Contract Administration for Claims and Claims Avoidance 11

Introduction 11

The contract documents 11

Programmes and Planning 14

Records, Records, Records 17

Chronology and database 19

Notices 22

Dispute Adjudication Boards and the Like 24

Procedures 25

Chapter 3: Types of Claim 27

Claims for Variations 27

Claims for Extensions of Time 32

Claims for Additional Payment Due to Prolongation 35

Acceleration and Disruption Claims 37

Claims for Damages Under Law 40

Interim and Final Claims 41

Chapter 4: Presentation 43

Presentation of the Submission or Review Document 43

Writing Style 44

Key points for claim presentation 48

Making the Document User-Friendly 48

Making the submission or review a stand-alone document 49

Superfluous and irrelevant information 50

Do not Assume that the Reviewer has Prior Knowledge of the Project or Circumstances 50

The importance of leading the reviewer to a logical conclusion 51

Explanations, summaries and conclusions 52

Use of the Narrative to Explain other Documents 52

Substantiation by the use of Exhibits and Additional Documents 53

Compilation of the document 54

Summary of the Principles Covered in this Chapter 56

Chapter 5: Essential Elements of a Successful Claim 57

Introduction 57

Summary of the principles covered in this chapter 81

Chapter 6: The preliminaries to the claim 83

Introduction 83

Chapter 7: The Extension of Time Claim 107

The Method of Delay Analysis 108

The Extension of Time Claim 112

Chapter 8: The Claim for Additional Payment 129

Calculations 142

Chapter 9: The appendices and editing 147

Arrangement of the appendices 147

Editing and review 152

Chapter 10: Claim Responses and Determinations 155

Chapter 11: A note on dispute boards 183

Information Sources 191

FIDIC Clause References 193

Index 195