Construction Claims and Responses
Description
The latest and most up-to-date edition of the best hands-on guide to construction claims and claims response preparation
In the newly revised third edition of Construction Claims and Responses: Effective Writing and Presentation, renowned construction claims and disputes consultant Andy Hewitt delivers yet another authoritative and practical discussion of how to prepare and respond to construction claims. Covering a variety of different types of claims - including variations, extensions of time, and additional payment - the book demonstrates an effective step-by-step process of building up a claim by breaking it down into manageable sections: contract details, causes, effects, entitlement, and quantum.
You'll find worked examples of typical claims, complete with sample wording, as well as updated and simplified examples of responses, additional detail on cost calculations, and updates to material to maintain compliance with FIDIC 2017.
Readers will also discover:
- A thorough introduction to properly constituted and presented claims, including the establishment of contractual entitlement and comprehensive documentation
- Comprehensive explorations of what constitutes sufficient cause and effect for a construction claim
- Revised and clarified worked examples of commonly made construction claims and responses
- Complete discussions of accurate quantum calculations
Perfect for all construction project personnel around the world involved in the preparation of construction claims, Construction Claims and Responses will also benefit those preparing responses to such claims, as well as quantity surveyors, contracts managers, project managers, claims consultants, commercial managers, engineers, architects, and adjudicators.
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Andy Hewitt has over 40 years' experience in the construction industry in the UK, Africa and the Middle East working on both sides of the contracting fence. Many of these years have been focused specifically on contractual claims and disputes. He's a FIDIC Certified Trainer and is the creator and a partner in Claims Class, an organisation that provides education and training on construction claims, FIDIC contracts, and related subjects.
Content
About the Author xi
Foreword xiii
Institute of Construction Claims Practitioners xv
Claims Class xvii
Acknowledgements xix
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 15
Good Records, Good Records, Good Records 17
Chronology and Database 19
Notices 22
Dispute Adjudication Boards and the Like 24
Procedures 25
And Finally 26
Chapter 3 Types of Claim 27
Claims for Variations 27
Claims for Extensions of Time 32
Claims for Additional Payment Due to Prolongation 34
Acceleration and Disruption Claims 35
Claims for Damages Under Law 36
Interim and Final Claims 38
Chapter 4 Presentation 41
Presentation of the Submission or Review Document 41
Writing Style 42
Key Points for Claim Presentation 46
Making the Document User-Friendly 47
Making the Submission or Review a Stand-Alone Document 48
Do Not Assume That the Reviewer Has Prior Knowledge of the Project or Circumstances 49
Superfluous and Irrelevant Information 49
The Importance of Leading the Reviewer to a Logical Conclusion 50
Explanations, Summaries and Conclusions 51
Use of the Narrative to Explain Other Documents 51
Substantiation by the Use of Exhibits and Additional Documents 52
Compilation of the Document 54
Summary of the Principles Covered in this Chapter 55
Chapter 5 Essential Elements of a Successful Claim 57
Introduction 57
Cause 58
Effect 59
Entitlement 63
Substantiation 67
Summary of the Principles Covered in this Chapter 79
Chapter 6 The Preliminaries to the Claim 81
Introduction 81
The Front Cover 82
Formatting of the Document 85
The Contents 86
The Executive Summary 87
The Statement of Claim 88
Definitions, Abbreviations and Clarifications 90
The Contract Particulars 92
Chapter 7 The Claim 99
Cause and Effect 100
The Extension of Time 102
The Additional Payment 113
Calculations 125
Entitlement 129
Chapter 8 The Appendices and Editing 135
Arrangement of the Appendices 135
Editing and Review 138
Chapter 9 Claim Responses and Determinations 141
Chapter 10 A Note on Dispute Boards 167
Information Sources 173
Index 175
