Featuring a Foreword by Roger Knowles FRICS, FCIArb, FQSi, Barrister The book discusses the different types of claim common to construction contracts and presents a step-by-step guide which demonstrates the process of building up the submission of a claim. It includes guidelines as to how to set out the claim, section by section in a logical manner to ensure that the essentials of a successful claim are included. Worked examples of claims for variations, extensions of time and additional payment are included together with sample wording showing precisely how the claim may be presented in a manner which will lead the reviewer to a logical conclusion - or at least contain a persuasive argument to support the claimant s case. The vast majority of claims are managed without the need to resort to case law or legal matters.
Construction Claims: effective writing & responses therefore discusses what the claim is trying to achieve and how to do this in a logical and persuasive manner This is a practical, hands-on guide for the construction industry professional which explains how to approach the preparation of the claim document, what topics to cover, how to present the essential elements and how to compile the submission document into a user friendly and comprehensive document. For those whose job it is to review such submissions, it advises how to prepare responses which set out the respondent s counter arguments, points of view and determinations. The guide covers: * The various types of claim. * How the claim may be split into sections dealing with the details of the contract, the cause, the effect, entitlement and quantum. * What this section is attempting to demonstrate or achieve and why. * What should be included within the section and why. * Worked examples of typical claims and responses with sample wording.
Rezensionen / Stimmen
"The book is appropriate for the international market and presented in accordance with the policies of the International Federation of Consulting Engineers (FIDIC). It will find use as both a practical textbook or a reference book on a professional's shelf. (Annotation (c)2011 Book News Inc. Portland, OR)." (Book News, 1 October 2011)
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 250 mm
Breite: 150 mm
Dicke: 15 mm
Gewicht
ISBN-13
978-1-119-97936-4 (9781119979364)
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Schweitzer Klassifikation
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.
About the Author vii Foreword by Roger Knowles ix Acknowledgements xi 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 4 The Form of Contract Used in the Examples 7 Defi nitions 8 The Example Projects 9 Chapter 2: Types of Claim 11 Claims for Variations 11 Claims for Extensions of Time 16 Claims for Additional Payment Due to Prolongation 19 Acceleration and Disruption Claims 22 Claims for Damages Under Law 25 The Requirement to Submit Notices of Claims 27 Interim and Final Claims 28 Contract Administration and Project Records 29 Dispute Adjudication Boards and the Like 32 Chapter 3: Presentation 35 Presentation of the Submission or Review Document 35 Writing Style 36 Making the Document User-Friendly 40 Making the Submission or Review a Stand-Alone Document 40 Do Not Assume that the Reviewer has Knowledge of the Project or Circumstances 41 The Importance of Leading the Reviewer to a Logical Conclusion 42 Use of the Narrative to Explain Other Documents 42 Substantiation by the Use of Exhibits and Additional Documents 43 Compilation of the Document 45 Summary of the Principles Covered in this Chapter 46 Chapter 4: The Essential Elements of a Successful Claim 49 Introduction 49 Summary of the Principles Covered in this Chapter 75 Chapter 5: The Preliminaries to the Claim 77 Introduction 77 Chapter 6: The Extension-of-Time Claim 101 The Method of Delay Analysis 102 Chapter 7: The Claim for Additional Payment 123 Calculations 134 Chapter 8: The Appendices and Editing 139 Arrangement of the Appendices 139 Editing and Review 144 Chapter 9: Claim Responses and Determinations 147 Chapter 10: A Note on Dispute Boards 175 Appendix: Useful Information Sources 183 Index 185 FIDIC Clause References 188
