Construction claims & responses : effective writing & presentation

The book discusses the different types of claim common to construction contracts and presents a step-by-step guide which demonstrates the process of building up the submission of a claim.

It includes guidelines as to how to set out the claim, section by section in a logical manner to ensure that the essentials of a successful claim are included. Worked examples of claims for variations, extensions of time and additional payment are included 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: effective writing & responses therefore discusses what the claim is trying to achieve and how to do this in a logical and persuasive manner 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 those whose job it is to review such submissions, it advises how to prepare responses which set out the respondent?s counter arguments, points of view and determinations.

The guide covers:

The various types of claim. How the claim may be split into sections dealing with the details of the contract, the cause, the effect, entitlement and quantum. What this section is attempting to demonstrate or achieve and why. What should be included within the section and why. Worked examples of typical claims and responses with sample wording.

Author Notes

Andy Hewitt has 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.

Roger Knowles

About the Author	p. vii
Foreword	p. ix
Acknowledgements	p. xi
Chapter 1 Introduction	p. 1
Why is it Necessary to Produce a Fully Detailed and Professionally Presented Claim or Response?	p. 1
The Purpose of the Book	p. 3
Things to be Considered Before Writing the Claim	p. 4
The Form of Contract Used in the Examples	p. 7
Definitions	p. 8
The Example Projects	p. 9
Chapter 2 Types of Claim	p. 11
Claims for Variations	p. 11
Claims for Extensions of Time	p. 16
Claims for Additional Payment Due to Prolongation	p. 19
Acceleration and Disruption Claims	p. 22
Claims for Damages Under Law	p. 25
The Requirement to Submit Notices of Claims	p. 27
Interim and Final Claims	p. 28
Contract Administration and Project Records	p. 29
Dispute Adjudication Boards and the Like	p. 32
Chapter 3 Presentation	p. 35
Presentation of the Submission or Review Document	p. 35
Writing Style	p. 36
Making the Document User-Friendly	p. 40
Making the Submission or Review a Stand-Alone Document	p. 40
Do Not Assume that the Reviewer has Knowledge of the Project or Circumstances	p. 41
The Importance of Leading the Reviewer to a Logical Conclusion	p. 42
Use of the Narrative to Explain Other Documents	p. 42
Substantiation by the Use of Exhibits and Additional Documents	p. 43
Compilation of the Document	p. 45
Summary of the Principles Covered in this Chapter	p. 46
Chapter 4 The Essential Elements of a Successful Claim	p. 49
Introduction	p. 49
Summary of the Principles Covered in this Chapter	p. 75
Chapter 5 The Preliminaries to the Claim	p. 77
Introduction	p. 77
Chapter 6 The Extension-of-Time Claim	p. 101
The Method of Delay Analysis	p. 102
Chapter 7 The Claim for Additional Payment	p. 123
Calculations	p. 134
Chapter 8 The Appendices and Editing	p. 139
Arrangement of the Appendices	p. 139
Editing and Review	p. 144
Chapter 9 Claim Responses and Determinations	p. 147
Chapter 10 A Note on Dispute Boards	p. 175
Appendix: Useful Information Sources	p. 183
Index	p. 185
FIDIC Clause References	p. 188

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Author Notes

Table of Contents