Andy Hewitt

disputes

Disputes: 6 Major Causes on Construction Projects and How to Avoid Them

Welcome to the first Hewitt Decipher Partnership blog of 2020. This month I’d like to talk about disputes and take the findings of HKA’s report, Claims and Dispute Causation – a Global Market Sector Analysis a step further than I did in last months’ blog, which concentrated on the importance of adequately expressed claims.

I also wish to refer to ARCADIS’s Global Construction Disputes Report 2019Between them, these reports between cite the following reasons for projects going wrong and things escalating to disputes:Read more


claims and disputes

Claims and Disputes | Top 10 Causes and What it Means for Your Projects

Recently, HKA published a report: Claims and Dispute Causation – a Global Market Sector Analysis in which they have analysed over 4,000 disputes across 700 projects in 72 countries, with a combined project value exceeding US$1.2 trillion.

The report highlights the top 30 causation factors for disputes:Read more

prolongation cost claims

Prolongation Cost Claims | 7 Tips for Success

We were recently consulted by a contractor who had had his extension of time and associated prolongation cost claims under a FIDIC contract rejected by the Engineer. The Contractor was convinced that he was entitled to both time and costs so, he asked us to provide an impartial opinion on the matter.

Unfortunately, we had to advise the Contractor that the Engineer acted correctly in not awarding the costs as presented in the claim. Why? Well the ContractorRead more


avoiding disputes

Avoiding Disputes | Are you heading for an unnecessary dispute?

I have just returned from a trip to central Asia to visit a client project where I was asked to review a number of claims and responses. The project is a very large one and the claims amount to an extension of time of almost one year and cost claims amounting to over US$100M. Our brief was to provideRead more


claims

Construction Claims | 10 Tips for Success

ARCADIS have recently published their Global Construction Dispute Report 2019. The report says that the Number 1 reason for disputes in the Middle East is ‘Poorly drafted or incomplete and unsubstantiated claims’. So in light of this, we've put together a list of 10 things that you can do to ensure acceptance of your claims quickly and successfully:Read more


construction claims and disputes

Inadequately expressed claims: the second most frequent reason for disputes

Arcadis have recently published their Global Construction Dispute Report 2018. Unsurprisingly, “Poorly drafted or incomplete/unsubstantiated claims” is the second most frequent reason for disputes. This reason has ranked highly for several years, so it seems that the industry is not learning from its mistakes.

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From 2018 to 2019
the Beginnings of HDP...

The past twelve months have seen many changes in the Gulf region and some interesting events. In the following we look back and then ahead to what might come in 2019.

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claim

The Four Corners of a Successful Claim

When preparing a claim, there are four key points to remember. Bill Bordill explains...

What is a claim?

Often folk think of ‘claim’ as a dirty word, something they ought not to get involved with. This is of course, in part, a result of the adverts you sometimes see on TV, ‘had an accident? Not your fault…’. But it is important to remember that a claim is only an assertion of a contractual right. It’s something you’re entitled to. It shouldn’t be seen as a dirty word.

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delay analysis

Delay Analysis:
Choosing the Right Method for Your Dispute

How should delay be analysed and what options are available? Tom Francis examines… 

When a delay occurs on a project, analysing cause and effect is vital to understanding where liability lies. Whether assessing for an Extension of Time or Compensation Events, Delay analysis (sometimes called Forensic Planning) is something which some refer to as a ‘dark art’. Arguably, frequently those who claim to understand it and carry it out misunderstand it. This article aims to set out some of the key elements to consider when undertaking an analysis or working with an analyst to demonstrate delay.

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bill of quantities

Omissions: Items in the Bill of Quantities, But Not Shown on Drawings...

At one of our recent courses someone asked Andy for some advice on omissions and payments. He writes:

I get asked about this particular issue quite a lot. So I thought it would be helpful to put pen to paper - or finger to keyboard - and share my thoughts. So here is the scenario:

  • The Contract is a lump sum and not subject to re-measurement.
  • The Bill of Quantities (BoQ) was prepared by the Contractor at tender stage.
  • During the project closure, some items listed in the BoQ were not provided since these items were not included on the tender drawings, shop drawing or final as-built drawings.
  • The Client deducted these items as an omission at final account stage as the Contractor did not complete any of these billed works. The Contractor disagrees with this and asserts that he took the risk on the lump sum contract and the BoQ was merely for guidance and valuation only.

So…

What is the Contractor and Client’s entitlements under FIDIC for this kind of situation?

What should the Contractor's stance be on omissions and payments of this nature?

Is the Client entitled to omit the value of the BoQ items not fulfilled by the Contractor despite it been a lump sum contract?

Find out more and continue reading at the Claims Class blog... or sign up here for a webinar on the subject, taking place 22nd June 2022.