The Cycle of A Poorly Written Construction Claim
It is no secret that poorly written construction claims are one of the main causes of time-consuming and costly disputes.
However, the dispute process often finds in favour of the claimant.
Why is this?
Let’s look at a typical claim and dispute cycle:
- The claimant submits a construction claim that does not include: Cause, Effect, Entitlement and Substantiation (CEES).
- The respondent rejects the claim because it does not prove the claimant’s case.
- Discussions and negotiations take place, but the parties maintain their positions.
- The claimant is convinced that the claim is a fair one and elevates the matter to a dispute.
- At this point, the claimant realises that the claim needs improvement. They consult an expert.
- The expert confirms that the claim is poorly written. They advise that if it has any chance of persuading adjudicators or arbitrators in favour of the claimant, it needs improvement.
- The claimant engages the expert to improve or rewrite the claim.
- The adjudicators or arbitrators decide in favour of the claimant.
- The respondent agrees with the adjudicators or arbitrators, and would have made an award if the claim was properly presented in the first place.
So here's a question...
Wouldn't it have been better for the claimant to submit a well written construction claim in the first place, saving all parties time and money?
Need to improve your claims writing skills? Check out our e-courses today.
Looking to upskill your project teams? Book a call with us to discuss how we could support you.
FIDIC 2017: What You Need to Know Now
It is now 5 years since the FIDIC 2017 editions of the Red, Yellow and Silver Books were published. As anticipated, it’s taking the industry some time to get on board and adopt these latest editions on projects.
Change Can Be Uncomfortable....But it's Inevitable
Nobody likes change. Employers and engineers are no different. It can be uncomfortable and it takes time and effort to take effect. But, as time moves on more and more projects will move to the FIDIC 2017 editions and it's critical that project teams understand these contracts.
I also suspect that Read more
Construction Claims Education - Celebrating 10 years!
This Summer marks 10 years since we started delivering education on construction claims and contracts.
When I decided to write a book on claims all those years ago, I never imagined it would lead us here.
But off the back of that book, people started to contact me about training. I realised there was a need for practical, quality training in the field. A few months later we launched our first course on construction claims and 'Claims Class' was born.
10 Years On…
Fast-forward to today and I'm proud to say that Claims Class is a recognisable brand. We are well-known for the quality of training we provide and offer a range of courses on construction contracts and claims.
Our mission has been, and continues to be, to:
- provide construction contract and claims training that is accessible, practical and accredited;
- provide students with knowledge and skills to work as sought after construction professionals;
- improve professional standards within the specialist field of construction contracts and claims;
- ensure that projects are well-managed, completed on-time under the contract;
- reduce construction claims; and
- ensure that where claims do arise, resolution happens quickly and professionally.
We've trained hundreds of professionals across the globe and at any one time, have students from over 60 countries studying with us.
Celebrate with us
As a thank you to everyone who has attended a workshop, taken an e-course or follows and likes what we do...
we're offering a huge 30% saving on intermediate and premium and 20% on basic e-courses until 26th August.
You won't see this saving for another 10 years so if you've been sat on the fence, now is the time to sign up! Check out our e-courses today.
How To Avoid Disputes From the Outset
Hewitt Decipher Partnership recently presented a webinar on international arbitration. Panel members included a barrister, an arbitrator and a solicitor. They were joined by HDP employees who provide expert advice to legal professionals working on construction disputes. The aim was to look at how to avoid claims.
Whilst these professionals earn fees from disputes, the overwhelming consensus was that the best way to deal with disputes is to not have them in the first place.
So, what can we do to avoid disputes right from the start of the project?
Increases in Material & Other Costs
The consultancy side of our business has recently received enquiries along the lines of the following. “We have come to the end of our project and are facing a huge loss due to increases in the cost of materials and shipping and because of measures that we have had to adopt to control COVID-19. What can we do?”
FIDIC 1999 Claims
A Guide to Claims for Extensions of Time and Additional Payment Under the Red, Yellow and Silver Books
A new book by Andy Hewitt, FICCP, FCIOB, FCICES, FQSi
Inadequately expressed claims are one of the most frequent reasons for time-consuming and costly disputes. Andy Hewitt’s latest book examines the FIDIC Red, Yellow and Silver Books. He takes a look at each clause that provides entitlement to make a claim for an extension of time and additional payment.
Andy explains in practical terms the interpretation and application of clauses. He also discusses FIDIC procedures for:
- The giving of notices.
- The submission of detailed particulars of the claim.
- The Engineer’s responses and determinations.
A New Era For Claims Class
Back in 2009, our founder Andy Hewitt was reviewing claims on a large project for an international contractor.
As a claims specialist, the poor standard of many of the claims that passed his desk day to day horrified him. He decided that something needed to be done. So, he wrote his first book: ‘Construction Claims & Responses: effective writing and presentation’. Following its success, Andy was often asked to present seminars on the topic.
Claims Class Was Born
Interim Claims
How To Deal With Them
One of our Claims Class students asked for some advice on interim claims. It is a topic that often crops up, so I thought that readers of this blog might also benefit from some practical advice.
The principles discussed here are appropriate to many forms of construction contracts. However, for the purpose of this article I shall use the 1999 FIDIC contracts as an example.
FIDIC 2017 Notices
A guide to the requirements, content and composition of notices under the FIDIC 2017 Red, Yellow and Silver books
Some of the biggest mistakes that contractors make when it comes to claims under FIDIC 2017 relate to notices. Such failures include failure to:
- Give notices when obliged to do so by the contract.
- Give notices within the time frames specified in the contract.
- Properly identify communications as notices.
- Record the necessary information within notices.
- Cite the contractual clause under which the notice is given.
- Address and/or copy the notice to the correct party.
- Deliver to the notice to the place specified in the contract.
- Deliver to the notice by the means of communication specified in the contract.
Claims Class Helps Student Secure US$1 Million
This month I am going to allow myself to pat myself on the back, because of a success story from a recent Claims Class student.
A gentleman from an African country contacted me to discuss enrolling on one of our claims courses. He had found out about Claims Class after purchasing a copy of my Book FIDIC 1999 Notices. This is what he told me.