5 Tips for Success When Claiming for Variations

A question that I am often asked during CPD talks and claims training courses is “is it necessary to submit claims for a variation?”. Unfortunately, I am going to have to give a lawyer’s answer to this and say that “it depends”.

If the party responsible for administering the contract follows the procedure set out in most forms of contracts for instructing variations, then the answer is “no”, because the variation has been acknowledged and it will either be measured and evaluated as part of the remeasurement on a remeasureable contract or as a separate evaluation leading to a change of the contract price of a lump sum contract.Read more


An Explanation of 'Time at Large'

A blog reader asked for an explanation of “time at large”. This is not something that I have personally come across in practical terms, so for the advice that I am about to give, I am indebted to my ex-boss, Roger Knowles, who provides an explanation in his book, 150 Contractual Problems and their Solutions. Roger explains:

"Time is at large when a contract is entered into with no period of time fixed for completion. Where this occurs, the contractor’s obligation is to compete within a reasonable time."

I have never experienced such a situation and I expect that when it does occur, it will be on Read more


Inadequately Expressed Claims: the second most frequent reason for disputes

ARCADIS have recently published their Global Construction Dispute Report 2018 and unsurprisingly “Poorly drafted or incomplete/unsubstantiated claims” is reported as the second most frequent reason for disputes. This annual report has consistently ranked the same reason highly for several years, so it seems that the industry is not learning the fact that the onus is on the claimant to properly prove his case and that failure to do so will be costly and time-consuming.Read more


Delay: Choosing the right method for your dispute

How should delay be analysed and what options are available? When a delay occurs on a project, analysing cause and effect is vital to understanding where liability lies. Delay analysis (sometimes called Forensic Planning) is something which some refer to as a ‘dark art’. Arguably because it’s often misunderstood by those who carry it out or claim to understand it. This article aims to set out some of the key elements to consider when undertaking an analysis or working with an analyst to demonstrate delay.Read more


What Qualifies As Force Majeure Under FIDIC?

One of our blog subscribers requested advice on Force Majeure under the FIDIC Red or Yellow books. The good news is that the FIDIC Force Majeure clauses are just about the same under the Red, Yellow, Silver and Gold forms of contract, so this is applicable to all of them.Read more


How To Ensure Engineer’s Responses And Instructions Do Not Result In Expensive Claims

A request was raised by one of our blog followers to examine the Engineer’s duty to provide instructions and responses within a reasonable time. In my experience, failure of the Engineer to comply with such obligations often gives rise to claims, so this is definitely worth a blog. I shall use the 1999 FIDIC Red Book as an example, although other forms of contract also contain similar provisions.

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How to Administer the Contractor’s Programme

One of our followers asked for some advice on the administration of the Contractor’s programme. The questions raised relate to fairly frequently occurring situations, so this subject is definitely worthy of a blog post. I have reproduced the queries below and I will refer to the FIDIC forms of contract and terminology when providing my advice.Read more


How To Achieve Company Success By Improving Your Employees’ Skills And Knowledge

Does your company have difficulty in successfully pursuing or resolving claims? Do your employees have detailed knowledge of the FIDIC forms of contract? If not and you are a contractor, this could be significantly affecting your profitability. If you are a consultant, this will be affecting the profitably of projects that you are managing and this will reflect badly on your professional reputation.Read more


We’re Developing a New Delay Analysis Course…And We Would Like Your Help

Many of you have expressed interest in a delay analysis course and we’re aware that, with little on offer in the market at the moment, there is a real need for quality training courses on this topic.Read more


Introducing the New Claims Class Brand

After months of hard work behind the scenes, we are excited to announce that Claims Class has a new and improved brand and we are ready to share it with you! So, what have we been up to.

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