Construction Claims and Responses (eBook)

Effective Writing and Presentation

Andy Hewitt (Autor)

eBook Download: PDF

2016 | 2. Auflage
John Wiley & Sons (Verlag)
978-1-119-15187-6 (ISBN)

Infos

A practical, step-by-step guide on how to prepare and respond to construction claims. Everyone involved in the preparation or review of construction claims should have this book to hand. The book examines the different types of claim common to construction contracts and presents a step-by-step guide to demonstrate the process of building up a fully detailed claim submission. It includes advice on:

• Contract administration for claims and claims avoidance.
• Identifying the various types of claim.
• The key points for an effective claim or response document.
• The essential elements to be included in a claim or response.
• Extension of time claims.
• Claims for additional payment.
• Principles of delay analysis.
• Quantum calculations.
• Responses and determinations to achieve agreement and avoid disputes.
• A note on dispute boards.

The advice given in the book is supported by worked examples of typical claims and responses with sample wording.

The book includes a foreword by Roger Knowles, who says:
'The book is without a doubt fully comprehensive and goes though the preparation of a claim from A to Z. I have no hesitation in recommending it to students, beginners, those involved on a day-to-day basis with time and cost on projects, as well as the seasoned claims consultants'.

This book is suitable for contracts managers, commercial managers, project managers, quantity surveyors, engineers and architects.

Andy Hewitt, FICCP, FCIOB, FCInstCES, FQSi has over 40 years' experience in the construction industry, gained in the UK, Africa and the Middle East. His earlier career included senior positions with contractors, subcontractors and consultants in project, commercial and contract management roles, during which time he worked on many prestigious projects. For  the past 15 years or so, Andy has specialised in contractual matters, claims and disputes, culminating in him becoming a partner in Hewitt Decipher Partnership, offering consultancy services relating to contractual and commercial matters, claims and disputes. Andy is also a partner in Claims Class, a specialist organisation that offers training and education on claims, the FIDIC contracts and related subjects. Hundreds of companies and individuals have benefitted from Andy's experience, delivered via Claims Class' internationally acclaimed workshops and e-courses.

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A practical, step-by-step guide on how to prepare and respond to construction claims. Everyone involved in the preparation or review of construction claims should have this book to hand. The book examines the different types of claim common to construction contracts and presents a step-by-step guide to demonstrate the process of building up a fully detailed claim submission. It includes advice on: Contract administration for claims and claims avoidance. Identifying the various types of claim. The key points for an effective claim or response document. The essential elements to be included in a claim or response. Extension of time claims. Claims for additional payment. Principles of delay analysis. Quantum calculations. Responses and determinations to achieve agreement and avoid disputes. A note on dispute boards. The advice given in the book is supported by worked examples of typical claims and responses with sample wording. The book includes a foreword by Roger Knowles, who says:"e;The book is without a doubt fully comprehensive and goes though the preparation of a claim from A to Z. I have no hesitation in recommending it to students, beginners, those involved on a day-to-day basis with time and cost on projects, as well as the seasoned claims consultants"e;. This book is suitable for contracts managers, commercial managers, project managers, quantity surveyors, engineers and architects.

Inhalt

Title Page 5
Copyright Page 6
Contents 7
About the Author 11
Foreword 13
Acknowledgements 20
Chapter 1 Introduction 21
Why is it Necessary to Produce a Fully Detailed and Professionally Presented Claim or Response? 21
The Purpose of the Book 23
Things to be Considered Before Writing the Claim 25
The form of Contract used in the Examples 28
Definitions 29
The example projects 30
Chapter 2 Contract Administration for Claims and Claims Avoidance 31
Introduction 31
The Contract Documents 31
Programmes and Planning 34
Records, Records, Records 37
Chronology and database 39
Notices 42
Dispute Adjudication Boards and the Like 44
Procedures 45
Chapter 3 Types of Claim 47
Claims for Variations 47
Claims for Extensions of Time 52
Claims for Additional Payment Due to Prolongation 55
Acceleration and Disruption Claims 57
Claims for Damages Under Law 60
Interim and Final Claims 61
Chapter 4 Presentation 63
Presentation of the Submission or Review Document 63
Writing Style 64
Key points for claim presentation 68
Making the Document User-Friendly 68
Making the submission or review a stand-alone document 69
Superfluous and irrelevant information 70
Do not assume that the reviewer has prior knowledge of the project or circumstances 70
The importance of leading the reviewer to a logical conclusion 71
Explanations, summaries and conclusions 72
Use of the Narrative to Explain other Documents 72
Substantiation by the use of Exhibits and Additional Documents 73
Compilation of the document 74
Summary of the Principles Covered in this Chapter 76
Chapter 5 Essential Elements of a Successful Claim 77
Introduction 77
Cause 78
Effect 79
Entitlement 83
Substantiation 87
Summary of the Principles Covered in this Chapter 101
Chapter 6 The Preliminaries to the Claim 103
Introduction 103
The front cover 104
Formatting of the document 106
The contents 107
The executive summary 108
The statement of claim 111
Definitions, abbreviations and clarifications 113
The contract particulars 116
Chapter 7 The Extension of Time Claim 127
The Method of Delay Analysis 128
The Extension of Time Claim 132
Chapter 8 The Claim for Additional Payment 149
Calculations 162
Chapter 9 The Appendices and Editing 167
Arrangement of the Appendices 167
Editing and review 172
Chapter 10 Claim Responses and Determinations 175
Front Cover 198
Contents 199
Executive Summary 199
Background to the Response or Determination 199
Definitions, Abbreviations and Clarifications 199
The Contract Particulars 199
The Method of Delay Analysis 200
Claim for an Extension to the Time for Completion 200
Claim for Additional Payment 200
Appendices 201
Appendices Calculations
Chapter 11 A Note on Dispute Boards 203
Information Sources 211
FIDIC Clause References 213
Index 215
EULA 217

Produkt-Details

• Erscheint lt. Verlag: 11.3.2016
• Sprache: englisch
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• Themenwelt: Recht / Steuern ► Öffentliches Recht
• Themenwelt: Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Baurecht (privat)
• Themenwelt: Technik ► Bauwesen
• Schlagworte: Abortive work • acceleration • Acceleration of the works • Act of prevention • Adjudication Board’s Appointment • Adverse climatic conditions • Allocation of risk • ambiguities • Ambiguity in documents • arbitration • Balance of probabilities • Balance of probability • Baubetrieb • Bauingenieur- u. Bauwesen • Baurecht • calculations • cause and effect • Changes in government legislation • Chronology and database for claims • Civil Engineering & Construction • claimant • Claim narrative • Claim presentation • Claims for extensions of time • Claim strategy • Conditions of contract • Conditions of contract for construction for building and engineering works designed by the employer • Conditions precedent • Conflict between documents • construction law • Construction Management • Contemporary records • Contract Administration • Contract Clauses • Contract documents • Contractor's claims • Delay caused by the Employer • Delay damages • Delay penalties • Dispute adjudication • Dispute Resolution Board Foundation • Disruption • effect • Emden formula • entitlement • Example variation claim • explanations • Extension of Time • FIDIC • Force majeure • form of contract • Identification of claims • Instructions of the Engineer • Instruction to carry out additional work • Late issue of instructions • Late or restricted access • liquidated damages • Liquidated Damages or Penalties • Loss of production • Massenermittlung u. Bauökonomie • Massenermittlung u. Bauökonomie • Mitigation • narrative • Notices of claims • Order of precedence • page layout • Project records • Prolongation costs • Quantity Surveying & Construction Economics • Quantum of the claim • response • Revised drawings • Revised programme • rework • Site establishment • Society of Construction Law • Stand-alone document • substantiation • Suspension of the works • The Contract • Time-related costs • Updated programme • Variation instructions • Variation procedure
• ISBN-10: 1-119-15187-2 / 1119151872
• ISBN-13: 978-1-119-15187-6 / 9781119151876