Construction Claims and Responses

A practical, step-by-step guide on how to prepare and respond to construction claims. Everyone involved in the preparation or review of construction claims should have this book to hand. 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 a fully detailed claim submission. It includes advice on:

• Contract administration for claims and claims avoidance.
• Identifying the various types of claim.
• The key points for an effective claim or response document.
• The essential elements to be included in a claim or response.
• Extension of time claims.
• Claims for additional payment.
• Principles of delay analysis.
• Quantum calculations.
• Responses and determinations to achieve agreement and avoid disputes.
• A note on dispute boards.

The advice given in the book is supported by worked examples of typical claims and responses with sample wording.

The book includes a foreword by Roger Knowles, who says:
"The book is without a doubt fully comprehensive and goes though the preparation of a claim from A to Z. I 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".

This book is suitable for contracts managers, commercial managers, project managers, quantity surveyors, engineers and architects.

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

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.

‘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.