Professional Documents
Culture Documents
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! AN INTRODUCTION TO~·CONSTRUCTION CLAIM
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* PREPARATION AND PRESENTATION
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* 'by *
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Alan H Tyler (ARICS). **
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* .Lecturer *
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** Loughborough University of Technology
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! 10TH OCTOBER 1990 SAVSIRIPAYA AUDITORIUM .~
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*! INSTITUTE FOR CONSTRUCTION TRAINING AND DEVELOPMENT *!
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THE PREPARATION AND PRESENTATION OF CONSTRUCTION CLAIMS
General Concepts
- What is to be done.
Contd 2/-
- 2 -
- Contractual Claims
- Ex-grat~a Claims
Contractual Claims
This is where the cont ract do·es not ma ke express prov is ion
for the event. In these circumstances the injured party must
seek other means to recover his loss. This usually means going
to Common Law.
The clients consultant will not usually have the power to aeal
with such claims, though his Terms of Engagement can be amended
at a n y ti ill E'" b ya g re e 111e~n t , t 0 p~r0 vi d ~ t he .r equi red .p owe r s .
Ex~gratia Claims
Their only basiq is that a loss has been made due to an event
outside the control of both parties and that something tangible."
is sought, not just sympathy.
Feeling that you have the right to a cliam is one thing, proving
it "is another. Most construction contracts put the onus of
proof onto the claimant.
- 3 -
The main faults with claims is that they do not establish any
con t r act u a 1 bas is,. the y i n c 1u den 0 fa c t u a 1 r e cor d san d the y
make no attempt to link the liability and the quantification I
of the claim.
I
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Claims should be formally presented and they should be
persuasive, objective and positive. They should also avoid I
verbosity, repetition and emotive statements.
The preparation
site with the
for
setting
a claim begins
up of efficient
as soon
record
as you
keeping
start
systems.
on I
For. any claim to succeed at a later date' it must be based on :/
fa c t u aIr e cor d s . The c 1aim will n e (d to d raw 0 naIl the - p r oJ ec t I
files and documents. \
Claim Presentation'
All claims should follow a logical order and should move almost
automatically from one section to the next.
Too often we think that we. know what is included in the contract
and all the relevant dates and amounts.
You must check all the contractual details and make sure you
understand the contractual base for your claim.
'.
Contd ••.••••• 4/-
This is often not totally clear cut and you will have to 'rely
on more that one clause for a particular point. There may
also be fault on both sides.
Apart from claims for higher rates virtually all ~laims include
some time delay. As some of the additional cost may be time
related you must obviously establish the extension of time
before you can calculate the additional tim~_related paym~nts.
8. Sundry Expenses.
-Cnnt d ••••••• 5
• t Y'
{.
.3. f ex e _ _9 contract
3.D Acceleratio~
3.1 Labour (Overtime/Shift Working, Etc.). a~e~~a s (Additives,
Protection, Etc.). Equipment (Dryers, De ifiers, Etc.).