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Vol 23 No 5 May/June 2018

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Construction Claims and Responses: Effective Writing and Presentation 2nd ed

ISBN13: 9781119151852
Previous Edition ISBN: 9780470654811
Published: May 2016
Publisher: Wiley-Blackwell
Country of Publication: UK
Format: Paperback
Price: £49.99

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A practical, step-by-step guide for contracts managers, commercial managers, project managers, quantity surveyors, engineers and architects on the preparation of and responses 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 the submission of a claim and covers:

  • 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.

Construction Law
About the Author ix
Foreword by Roger Knowles xi
Acknowledgements xviii

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 14
Records, Records, Records 17
Chronology and database 19
Notices 22
Dispute Adjudication Boards and the Like 24
Procedures 25

Chapter 3: Types of Claim 27
Claims for Variations 27
Claims for Extensions of Time 32
Claims for Additional Payment Due to Prolongation 35
Acceleration and Disruption Claims 37
Claims for Damages Under Law 40
Interim and Final Claims 41

Chapter 4: Presentation 43
Presentation of the Submission or Review Document 43
Writing Style 44
Key points for claim presentation 48
Making the Document User‐Friendly 48
Making the submission or review a stand‐alone document 49
Superfluous and irrelevant information 50
Do not Assume that the Reviewer has Prior Knowledge of the Project or Circumstances 50
The importance of leading the reviewer to a logical conclusion 51
Explanations, summaries and conclusions 52
Use of the Narrative to Explain other Documents 52
Substantiation by the use of Exhibits and Additional Documents 53
Compilation of the document 54
Summary of the Principles Covered in this Chapter 56

Chapter 5: Essential Elements of a Successful Claim 57
Introduction 57
Summary of the principles covered in this chapter 81

Chapter 6: The preliminaries to the claim 83
Introduction 83

Chapter 7: The Extension of Time Claim 107
The Method of Delay Analysis 108
The Extension of Time Claim 112

Chapter 8: The Claim for Additional Payment 129
Calculations 142

Chapter 9: The appendices and editing 147
Arrangement of the appendices 147
Editing and review 152

Chapter 10: Claim Responses and Determinations 155

Chapter 11: A note on dispute boards 183
Information Sources 191
FIDIC Clause References 193

Index 195