In recent years, a number of global claims have failed because they were presented without any systematic analysis, justification or proper calculation of losses. Hence, Global Claims in Construction highlights these issues as well as the importance of understanding causation, factual necessity and the courts’ attitude and approach to global claims. Global Claims in Construction addresses the principles of global claims and their calculation methodologies in detail through extensive references to literature, case law and a real world case study. It aims to be a valuable resource for professionals working in the construction industry, as well as students in construction and engineering.
Provides tools and techniques required to research and prepare a contractual construction claim This book guides readers through the techniques and approach for properly preparing a construction contract claim and seeing it through. It teaches them how to gather all the facts in order to present arguments concisely, clearly, and forcefully. It focuses on the practical issues of how to research and present a contract claim—whether it be for additional time, prolongation costs, disruption, or revised rates and prices for work due to some changed circumstance affecting construction. Aimed at those who need to prepare a claim, but just as helpful to those defending one, Preparing Construction Claims offers chapter coverage on everything about planning and programming—the methods for assessing them, as well as regular and computerized techniques. The book covers time chainage/line of balance; bar charts, common sense evaluation techniques; and relevant clauses that all contracts contain. Readers will learn about standard forms and common deviations and modifications made by employers. They’ll also be taught how to establish the entitlement to make a claim from the contract and then shown what to do next. In addition, the book teaches them what to do when their records are insufficient; how to resolve a dispute; and much more. A clear and comprehensive, step-by-step guidebook for researching and preparing contractual construction claims Includes worked examples of certain types of claims to help readers comprehend the process Beneficial to both sides of a claim—teaching each how they should approach one Preparing Construction Claims is an essential “how to” manual for contractors, subcontractors, and consultants worldwide dealing with all manner of construction disputes and claims preparation.
This practical, user-friendly guide for construction professionals and lawyers deals with extensions of time, and includes examples for detailed submissions, helpful charts, graphics and electronic templates.
Most construction projects have changes, variations and delays. Due to insufficient knowledge contractors often don't claim their time and costs resulting from these events, or, their claims end in protracted and expensive legal battles.This easy to read book demystifies the claims processes ensuring entitlements are claimed. Learn when you can claim, how to make claims compelling, and the supporting documentation required to win. Your eyes will be opened to numerous events, costs and impacts. Knowing some of these tips could dramatically improve profits and avoid time consuming acrimonious disputes.Also included is advice for contractors to avoid and defend claims from employers and subcontractors.Ensure you're granted the time and costs you are entitled to by submitting winning claims.
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 has this to say: “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. 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
Contractual disputes, often involving large sums of money, occur with increasing frequency in the construction industry. This book presents - in non-legal language - sound professional advice from a recognized expert in the field on the practical aspects of claims. This edition has been brought right up to date by taking into account legal decisions promulgated over the last 17 years, as well as reflecting the effect of current inflation on claims. The new edition is based on the 1998 JCT contract. *Fully updated second edition of this practical guide. *Worked examples to back up the advice offered and relate it to practitioners' experience.
Construction Change Order Claims brings you up-to-date with the latest methods for determining value of work or all types of projects. Commonly encountered claim issues are covered in detail, including: Surety issues Evaluating changes resulting from ambiguous specifications or inadequate design Measuring the cost impact of delays Proving the price of damages This all-in-one resource guides you through every type and aspect of change claims, offering hands-on guidance and analysis from 25 experienced practitioners. Construction Change Order Claims helps you quickly answer difficult questions such as: Is a change order on a construction project an and“extraand”and—or is it included within the scope of the basic contract price? When does an ownerand’s unintentional interference cross the line between a mere impairment or hindrance to an alteration of the contractorand’s intended methods of performance? What specific circumstances support the use of the cardinal change doctrine? What circumstances must be present to employ the Percentage of Completion accounting method? Construction Change Order Claims delivers: Innovative defenses to avoid being bound by a release Guidance for anticipating contractor defenses, and for preparing opposing arguments Practical tips and accounting tools for evaluating progress and calculating payments Federal, state and local certification requirements for public and private projects And more!
It is an internationallyapplicable, practical resource that guides professionals through every type and aspect of delay and disruption claims. Drawing on their experience, the authors outline a practical approach to the presentation of delay and disruption claims in construction within a legal, contractual and technical framework. Detailed case studies are used to describe the different problems that can be encountered and explain the more dynamic approach to the settlement of claims, often taken in the international market, to help reduce the time and cost of legal proceedings.
Statutory compulsory rapid adjudication has now spread to all States, the Northern Territory and the ACT. The number of construction claims determined by adjudicators far exceeds the number determined by courts. This has been an important consideration in the writing of this third edition. In the past decade, the Authors have determined over 1,000 adjudications.Topics arising most frequently are:variationsextensions of timedelay and disruptionliquidated damagespenaltiestime barsglobal claimsquantum meruitset-off and abatementcross-claimstermination of the contractwaiver and estoppelThese topics were addressed in the last edition but in this edition they have been reviewed and revised. Examples are given of how claims and defences can be made in the alternative. Reported cases suffer from the shortcoming that they only deal with claims and defences raised in the particular case but not with alternative claims and defences that could have been raised. For that reason, many examples in this book are based upon hypothetical facts. Unlike in litigation, a party in adjudication cannot amend a claim or defence. It is therefore essential to get it right initially.A Glossary of terms has been added to explain legal terms. This book is for parties to building or construction contracts, their consultants and lawyers and all who are interested in or studying construction law.Significant changes since the last edition are the increase in use of compulsory rapid adjudication, Andrews v Australian and New Zealand Banking Group [2012] HCA 30 and the effect on time bar clauses and other penal provisions in contracts, the Competition and Consumer Act 2010 (Cth) and the increasing importance of proportionate liability.
Textbook for students studying construction law, building, architecture, engineering, construction management, dispute resolution and related subjects. Explains the basic nature of the claims which most commonly arise out of construction contracts. Five categories of claim, remedies and the advantages of each are given. Concepts such as frustration, estoppel, Hungerford damages, liquidated damages and prevention principle, the Hudson formula, Calderbank offers, ambit claims, causation and foreseeability are discussed and explained. Includes a table of contents, table of cases, table of statutes and an index. The author is a solicitor of the supreme court of NSW, lectures in the School of Building at the University of NSW and is referee on the NSW Building Disputes Tribunal.
