By Andy Hewitt
That includes a Foreword by means of Roger Knowles FRICS, FCIArb, FQSi, Barrister The booklet discusses the different sorts of declare universal to building contracts and offers a step by step consultant which demonstrates the method of creating up the submission of a declare. It contains guidance as to the way to set out the declare, part via part in a logical demeanour to make sure that the necessities of a winning declare are included. Read more...
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Extra info for Construction claims & responses : effective writing & presentation
Sample text
Delay Damages’: A sum of money, which shall be paid by the Contractor to the Employer in the case of failure to complete the Project by the Time for Completion. Some contracts deduct such monies under provisions of ‘liquidated damages’ or ‘penalties’. Currency: Despite the international target market of this publication, where it is necessary to refer to monetary values, I have used Pounds Sterling (£) as the currency. While attempts have been made to make the values fairly realistic, particularly in relationship to each other, any monetary values are purely used for illustrative purposes and make no attempt to reflect true or actual values.
This was when Roger informed the attendees that the three most important aspects to a successful claim are ‘good records, good records and good records’. During the ensuing years, I have found absolutely no reason to disagree with this statement and have also come across several situations where a potentially good case has been spoiled for the absence of adequate records. The burden of the claimant is to prove his case on the balance of probabilities and in order to do so, he must substantiate that the events have actually occurred, possibly substantiate the timing of the events and substantiate that the provisions of the Contract have been complied with in terms of notices and submissions.
The Contractor shall permit the Engineer to inspect all these records, and shall (if instructed) submit copies to the Engineer. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstances giving rise to the claim, or within such period as may be proposed by the Contractor and approved by the Engineer, the Contractor shall send to the Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed.