Funding Claims | Got a claim but can’t afford to pursue it?
I’m sure you know the situation. You have a good claim for a considerable amount of money, but your client won't pay it.
The client and his consultants delay things or reject the claim for unfair reasons. So, it becomes clear that in order to get paid, you're going to have to take ‘further steps’.
What are the further steps that you may take under the contract?
0 Comments4 Minutes
Coronavirus – Are We Entitled to Make a Claim?
The global hot topic this month seems to be the corona virus and we’ve received lots of questions from clients so today, we thought we’d take a look at some of those questions and share our thoughts with you.
The usual question we're asked is:
We are obtaining labour / materials / plant / equipment from China and the supply is delayed. Are we entitled to claim for an extension of time and additional costs?”.
Our answers, as usual, have been along the lines of:
“it depends on your particular contract, but possibly”.
I know that this is a bit of a lawyer’s answer, but it really does depend on several things. Let’s have a look at what the FIDIC Red and Yellow Books (1999) have to say on the subject.Read more
0 Comments6 Minutes
7 Tips for Success with Prolongation Cost Claims
We were recently consulted by a contractor who had had his claims for an extension of time and associated prolongation costs under a FIDIC contract rejected by the Engineer. The Contractor was convinced that he was entitled to both time and costs and 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. Firstly, because the ContractorRead more
0 Comments3 Minutes
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.
0 Comments3 Minutes
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.
0 Comments6 Minutes
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.
0 Comments6 Minutes
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.
0 Comments7 Minutes