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

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10 Tips to Ensure that your Claims are Accepted

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 get your claims accepted quickly and successfully:Read more

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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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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:
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, it’s frequently misunderstood by those who carry it out or claim to understand 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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Omission of Items in the Bill of Quantities not shown on Drawings…

I recently received a request for advice from one of our course attendees. I have been asked for advice about this topic on several occasions so I thought it worthy of a blog. The situation and query was as follows:

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…

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Inadequately Expressed Claims

The object of any claim is, from the claimant’s perspective, quite simple. You will be looking to convince a decision-maker that the claimant has the right to be compensated in ether time or money for the event from which the claim arose. The claimant has the obligation to prove that his claim is just. The standard of proof required to do so is based upon the ‘balance of probabilities’. If the claim does not fulfil these requirements, there is a very good chance that it will fail. It will fail because the claimant has not demonstrated his case.Read more

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When Should Extension of Time Claims be Submitted?

The consultancy side of our business has just been appointed by a contractor to prepare an extension of time claim. The contractor exceeded the completion date 3 months ago. Although there are many employer-caused delays, the contractor has not so far submitted any claims for extensions of time. Unfortunately, this approach by contractors is all too common. It often results in much work for consultants such as ourselves, but it is disadvantageous to the contractor in many ways.Read more

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Get it Right First Time

We have recently reviewed several claims on a large project. Most have gone through two or more time-consuming (and costly) revisions. The reason is that after submission (based on information from the Contractor) the Contractor invariably does not agree with it. The Contractor then provides additional information or explanation. The Engineer has a responsibility to take this into account, so the assessment must be revised. Sometimes it has taken several months to elicit all the information from the Contractor and conclude the matter.Read more

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Evaluation of Variations on Lump Sum Contracts

I recently presented a 2-day intensive training course. One delegate raised a question about lump-sum contracts and items included in the bills of quantities, but not shown on the drawings. The question was, ‘if something is included in the bill of quantities but not required, can the Engineer omit the price included in the bill of quantities for this item?’Read more

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