New Top Tips Paper! Application of Dispute Boards on Construction Projects

Most contracts have provisions whereby the Engineer, or his equivalent under other forms of contract, is required to make a fair determination of the claim. They also include a requirement that the parties attempt to reach amicable agreement in situations where either party does not accept the Engineer’s determination. Read more


Extension of Time Claims - 4 Key Elements to Include

A previous Top Tips Paper, The Preliminaries to the Claim, covered the preliminaries to the claim and explained how essential information should be presented at the front end of the claim. This ensures that a reader with no prior knowledge of the project or circumstances leading to the claim may gain an understanding of the project, the parties, the contract and brief details of the claim, before studying the essential matters of the claim itself.Read more


Essential Elements of a Successful Claim - Top Tips Paper for Download!

The object of a claim is to demonstrate that on the balance of probability, the claimant is entitled to compensation and the amount of such compensation. In the case of a construction claim, the compensation would more than likely consist of additional time, additional payment or both. The claim must be demonstrated, substantiated and justified so as to achieve the desired result.Read more


Presentation of Claim Narratives - Top Tips Paper for Download!

EC Harris’ Global Construction Disputes report cited incomplete and unsubstantiated claims as a major reason of disputes. Simply put, this means that the claimant has not prepared his claim to a standard that is required for the administrator of the contract to consider that the claim has merit, resulting in rejection of the claim.Read more


The Preliminaries to the Claim - Top Tips Paper for Download!

The object of a claim document is to convince the respondent that the claimant is entitled to an award and the quantum of the award. It must also be remembered that the onus is on the claimant to prove his case.Read more