Construction Claims and Responses E-Book

Andy Hewitt

• Herausgeber: John Wiley & Sons
• Kategorie: Wissenschaft und neue Technologien
• Sprache: Englisch

Seitenzahl: 359

Veröffentlichungsjahr: 2016

Beschreibung

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.

Leseprobe

Table of Contents

Cover

Title Page

About the Author

Further Information

Foreword

Institute of Construction Claims Practitioners

Overview

Professional Standards

Information Sharing

Criteria for Membership

Further Information

Claims Class

Construction Claims Distance Learning Course

Intensive Training Courses

In-House Training

Further Information

Acknowledgements

Chapter 1: Introduction

Why is it Necessary to Produce a Fully Detailed and Professionally Presented Claim or Response?

The Purpose of the Book

Things to be Considered Before Writing the Claim

The form of Contract used in the Examples

Definitions

The example projects

Chapter 2: Contract Administration for Claims and Claims Avoidance

Introduction

The contract documents

Programmes and Planning

Records, Records, Records

Chronology and database

Notices

Dispute Adjudication Boards and the Like

Procedures

Chapter 3: Types of Claim

Claims for Variations

Claims for Extensions of Time

Claims for Additional Payment Due to Prolongation

Acceleration and Disruption Claims

Claims for Damages Under Law

Interim and Final Claims

Chapter 4: Presentation

Presentation of the Submission or Review Document

Writing Style

Key points for claim presentation

Making the Document User-Friendly

Making the submission or review a stand-alone document

Superfluous and irrelevant information

Do not assume that the reviewer has prior knowledge of the project or circumstances

The importance of leading the reviewer to a logical conclusion

Explanations, summaries and conclusions

Use of the Narrative to Explain other Documents

Substantiation by the use of Exhibits and Additional Documents

Compilation of the document

Summary of the Principles Covered in this Chapter

Chapter 5: Essential Elements of a Successful Claim

Introduction

Summary of the Principles Covered in this Chapter

Chapter 6: The Preliminaries to the Claim

Introduction

Chapter 7: The Extension of Time Claim

The Method of Delay Analysis

The Extension of Time Claim

Chapter 8: The Claim for Additional Payment

Calculations

Chapter 9: The Appendices and Editing

Arrangement of the Appendices

Editing and review

Chapter 10: Claim Responses and Determinations

Chapter 11: A Note on Dispute Boards

Information Sources

FIDIC Clause References

Index

End User License Agreement

List of Tables

Chapter 02

Table 2.1 Example of a simple database

Guide

Cover

Table of Contents

Begin Reading

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This book is dedicated to Kim, Nik and Nina.

Construction Claims & Responses

effective writing & presentation

Second Edition

Andy Hewitt

Hewitt Construction Consultancy Claims Class

This edition first published 2016© 2016 by John Wiley & Sons, Ltd© 2011 by John Wiley & Sons, Ltd

Wiley-Blackwell is an imprint of John Wiley & Sons, formed by the merger of Wiley’s global Scientific, Technical and Medical business with Blackwell Publishing.

First edition published 2011Second edition published 2016

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Library of Congress Cataloging-in-Publication Data

ISBN: 9781119151852

A catalogue record for this book is available from the British Library.

Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books.

Cover image: SilviaJansen/iStockphoto

About the Author

Andy Hewitt is a construction contracts and claims consultant who has over 40 years’ experience in the construction industry in the UK, Africa and in the Middle East. In addition to many projects in the UK, he has worked on projects in Nigeria, Sudan, Bahrain, Saudi Arabia, Jordan, Oman, Tanzania and the United Arab Emirates.

Andy has held senior commercial and project-management positions with contractors, subcontractors and consultants, including several years operating his own consultancy practice in the UK, which provided quantity surveying, estimating and project-management services. He has been involved in a wide variety of construction projects including super high-rise, airports, hospitals, residential, hotels, shopping malls, industrial buildings, heavy civil engineering, marine works, process plants, pipelines, desalination plants and royal palaces.

One of the most enjoyable periods of Andy’s career was when he was employed as a claims and contracts consultant by J.R. Knowles, one of the most prestigious international consultants in this field. During this period he discovered that his background on both the contractor’s and the client’s ‘side of the fence’ in commercial, contracts and project-management positions gave him the ability to look at the issues objectively and to manage and to resolve the often adversarial nature of claims in a proactive manner to achieve resolutions acceptable to the parties. During this period he was involved in several iconic projects in the United Arab Emirates including the world-famous Burj Al Arab hotel in Dubai.

During the past decade, Andy has been employed in positions as project director, contracts manager and commercial manager on many prestigious projects in the Middle East. In these roles he has had the responsibility of both preparing and determining many claims. The often poor quality of the claims and determinations that have come across his desk during this time, many of which have exhibited a lack of understanding of many basic concepts and requirements of the subject, inspired him to share his experience on the subject with the industry by way of this publication.

Currently, Andy is the principal of Hewitt Consultancy services, a small, specialist practice offering claims, contracts, dispute management and adjudication services to contractors and employers.

Following feedback from the first edition of this book and after several invitations from companies to provide training on claims related issues, Andy realised that there was a significant gap in the market for education and training on the subject. This led him to develop a tutor-assisted distance learning course on construction claims and several two-day intensive training courses on subjects relating to claims. These courses are marketed internationally under the banner of Claim Class.

Andy now splits his time between Europe and the Middle East and is involved in consultancy work as well as providing education and training in many countries.

Hewitt Construction Consultancy provides two distinct services to clients: consultancy work, which is principally provided by Andy Hewitt, and education and training which is provided under the Claims Class banner.

Consultancy services include the following:

Claim preparation

Claim review and defence

Claim enhancement and presentation

Contractual advice

Contract administration set up and advice

Dispute adjudication

Dispute management

Arbitration support

Dispute board membership

Education and training

Further Information

Email: [email protected]

            [email protected]

www: www.hewittconstructionconsultancy.com