Construction Claims and Responses: Effective Writing and 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.
Foreword by Roger Knowles ix
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
Defi nitions 8
The Example Projects 9
Chapter 2: 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
The Requirement to Submit Notices of Claims 27
Interim and Final Claims 28
Contract Administration and Project Records 29
Dispute Adjudication Boards and the Like 32
Chapter 3: 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 4: The Essential Elements of a Successful Claim 49
Summary of the Principles Covered in this Chapter 75
Chapter 5: The Preliminaries to the Claim 77
Chapter 6: The Extension-of-Time Claim 101
The Method of Delay Analysis 102
Chapter 7: The Claim for Additional Payment 123
Chapter 8: The Appendices and Editing 139
Arrangement of the Appendices 139
Editing and Review 144
Chapter 9: Claim Responses and Determinations 147
Chapter 10: A Note on Dispute Boards 175
Appendix: Useful Information Sources 183
FIDIC Clause References 188