Construction Claims and Responses : Effective Writing and Presentation

by Hewitt, Andy

• ISBN13: 9780470654811
• ISBN10: 0470654813
• Format: Paperback
• Copyright: 2011-08-22
• Publisher: Wiley

Summary

The book presents a step-by-step guide demonstrating the process of building up the submission of a construction contract claim. It includes guidelines to the contents of each section of a claim and sample wording (available to download from the book's website) and demonstrates how to prepare claims which will lead the reviewer to a logical conclusion - or at least contain a persuasive argument to support the claimant's case. This practical, hands-on guide for the construction industry professional does not discuss case law or legal matters. It explains how to approach the preparation of the claim document and 'tick all the boxes' for what should be presented and included in a claims submission. Construction Claims: a manual for effective writing & responses discusses what the claim is trying to achieve and how to do this in a logical and persuasive manner and sets out what to include, why it should be included and how to present it in the document. And for those whose job it is to review such submissions, it will advise how to prepare professional responses. The guide covers: The section of the claim document in question. What this section is attempting to demonstrate or achieve and why. What should be included within the section and why. Sample wording.

Author Biography

Andy Hewitt has 40 years experience in the construction industry - UK, Africa and the Middle East, holding senior commercial and project management positions with contractors, subcontractors and consultants. His experience in a variety of roles and on many prestigious international projects has given him the ability to see things from both the client and contractor's points of view. This has led him to specialise in claims and dispute management on behalf of both claimants and respondents.

Table of Contents

About the Author	p. vii
Foreword	p. ix
Acknowledgements	p. xi
Introduction	p. 1
Why is it Necessary to Produce a Fully Detailed and Professionally Presented Claim or Response?	p. 1
The Purpose of the Book	p. 3
Things to be Considered Before Writing the Claim	p. 4
The Form of Contract Used in the Examples	p. 7
Definitions	p. 8
The Example Projects	p. 9
Types of Claim	p. 11
Claims for Variations	p. 11
Claims for Extensions of Time	p. 16
Claims for Additional Payment Due to Prolongation	p. 19
Acceleration and Disruption Claims	p. 22
Claims for Damages Under Law	p. 25
The Requirement to Submit Notices of Claims	p. 27
Interim and Final Claims	p. 28
Contract Administration and Project Records	p. 29
Dispute Adjudication Boards and the Like	p. 32
Presentation	p. 35
Presentation of the Submission or Review Document	p. 35
Writing Style	p. 36
Making the Document User-Friendly	p. 40
Making the Submission or Review a Stand-Alone Document	p. 40
Do Not Assume that the Reviewer has Knowledge of the Project or Circumstances	p. 41
The Importance of Leading the Reviewer to a Logical Conclusion	p. 42
Use of the Narrative to Explain Other Documents	p. 42
Substantiation by the Use of Exhibits and Additional Documents	p. 43
Compilation of the Document	p. 45
Summary of the Principles Covered in this Chapter	p. 46
The Essential Elements of a Successful Claim	p. 49
Introduction	p. 49
Summary of the Principles Covered in this Chapter	p. 75
The Preliminaries to the Claim	p. 77
Introduction	p. 77
The Extension-of-Time Claim	p. 101
The Method of Delay Analysis	p. 102
The Claim for Additional Payment	p. 123
Calculations	p. 134
The Appendices and Editing	p. 139
Arrangement of the Appendices	p. 139
Editing and Review	p. 144
Claim Responses and Determinations	p. 147
A Note on Dispute Boards	p. 175
Appendix: Useful Information Sources	p. 183
Index	p. 185
FIDIC Clause References	p. 188
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