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 Claims: Andy Hewitt's Latest Release
I’m old enough to remember when the FIDIC 1999 contracts were published. If I remember correctly, it took a good 10 years for the industry to, not only adopt them, but to see their use as best practice on new projects.
At the time, I was lucky enough to work for a proactive company that sent me on a training course about the new contracts. They also bought copies of Brian Totterdil’s excellent book: FIDIC User’s Guide for all its contracts and claims consultants.
Fast-forward to the release of the FIDIC 2017 Editions...
It is now 6 years since FIDIC introduced the 2017 editions. The updated contracts aimed to improve, strengthen and clarify several aspects of the old editions.
Based on past trends, 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.
25 Tips to Help You Avoid Costly Claims and Disputes
Often people ask us, 'what are the key things we must do to avoid disputes and claims?'. Good news - we've compiled all of them into one handy document of top tips to avoid claims and disputes!
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Why Choose A FIDIC Certified Trainer?
If you’ve followed Claims Class for a while, you’ll know the name Andy Hewitt, our newly certified FIDIC trainer!
Maybe Andy tutored you as a student on one our e-courses. Perhaps you’ve seen him speak at industry seminars and conferences. Or if you’re a bookworm, perhaps you’ve read some of his books on claims and FIDIC?
Not one to sit idle, Andy has recently added another string to his bow...
What is Included in 'Lump Sum'?
A simple matter that often causes confusion is exactly what a lump-sum price includes.
Take a typical contract designed by the employer. The contractor is required under the contract to provide the works defined on the drawings and in the specification. In other words, the drawings show the extent and the configuration of the design. The specification describes the composition and quality of the work. Thus, it is clear that the lump-sum requires the contractor to provide whatever is included in the drawings and specification.
How Does FIDIC 2017 Affect Claims?
I guess like many of you, I have not had the opportunity to examine the 2017 editions of the FIDIC contracts in much detail, because as yet, I have not come across any projects that are using them. This situation will, however, gradually change. As it does, we will need to know what has changed and how it has changed. As such projects reach final account stage there will undoubtedly be claims to resolve and disputes to settle. I have recently been doing research for a forthcoming book, so thought it would be worthwhile to highlight the changes from a claims perspective.
Employer's Claims
Need Staff Training During Lockdown? No Problem!
Whilst COVID-19 has caused immeasurable harm, it has at least taught us one good thing: people can work from home without a loss of efficiency.
But what about staff training?
Video conferencing (think Zoom, MS Teams, etc.) is being used to great effect. Remote working and meetings have saved time and cut down on travel costs. The sharing of information via webinars has also seen a huge upsurge in recent months.
How Education and Training Avoids Disputes
I don't usually have much to say about education and training or attempt to promote our Claims Class courses through our blogs. But, this month I am going to make an exception and for good reason. Recent reports demonstrate that education and training will avoid time-consuming and costly construction disputes.
HKA’s report, Claims and Dispute Causation – a Global Market Sector Analysis and ARCADIS’s Global Construction Disputes Report 2019 are both pretty scathing. Both point to a lack level of knowledge exhibit when it comes down to contractual matters and claims.
Reflections on Construction in 2020
To say that 2020 has been an unusual year would be an understatement. Not just for the construction industry, but for all of us around the world. Despite the challenges, things are not entirely doom and gloom. We have all learned in one way or another from the COVID-19 experience. Sometimes we need a challenge to force us to think about alternative ways of doing things.
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