FIDIC 1999 Claims

PUBLICATION

FIDIC 1999 Claims

By Andy Hewitt

About this book

Inadequately expressed claims are one of the most frequent reasons for time-consuming and costly disputes. This book examines each clause of the FIDIC Red, Yellow and Silver Books that provide entitlement to make a claim for an extension of time and additional payment and explains in practical terms how the clauses should be interpreted and applied. It also discusses the FIDIC procedures for the giving of notices, the submission of detailed particulars of the claim and the Engineer’s responses and determinations.

More importantly, the book also informs the reader about what FIDIC does not say: what should be included in the particulars of a claim, how an extension of time should be demonstrated, what costs should be included in a claim for additional payment, how a claim should be compiled and what an Engineer’s response or determination should consist of — all in accordance with best professional practice.

From the foreword by Paul Gibbons, BSc (Hons), MSc (Const Law & Arb Kings), FRICS, FCIOB, FCInstCES, FICCP, MAE, MCIArb, APAEWE, President of the Institute of Construction Claims Practitioners.

This is a must-have book for anyone dealing with FIDIC contracts and should be used by Employers, Contractors, Lawyers, Consultants and all those involved with effective contract administration and dispute resolution and avoidance. I highly recommend it.

Key Information

ASIN: B09K7WVNL1
Hardback: 195 pages


FIDIC 1999 Notices

PUBLICATION

FIDIC 1999 Notices: A Guide to the Requirements, Content and Composition of Notices Under the Red, Yellow and Silver Books

About this book

Failure to provide notices in the correct format is one of the biggest mistakes made by the parties and those appointed to administer a FIDIC contract.

Major industry reports on construction industry disputes have cited contract management and failure to serve required notices, or failure to comply with contractual obligations as major causes of disputes. In the author’s own experience when dealing with claims, contractual matters and disputes, one of the major failings contractors make is that they do not comply with contract provisions on notices. Where they do comply, the notices often do not contain the necessary information needed to adequately record events.

This book examines each clause of the FIDIC Red, Yellow and Silver forms of contract that require notices to be given by the Contractor, the Employer and the Engineer. It contains explanations of why, and under what circumstances, each notice is required and provides real-world examples of typical notices for each clause.

Foreword by leading barrister, Dr. Cyril Chern, BArch, JurisD, RIBA, AIA, FCIArb, FDBF.

‘This is a “must-have” and “go-to” book for any Contractor, solicitor, barrister, Engineer and Employer who uses FIDIC contracts, and its information will save time and money for all those who use it. I highly recommend this book.’

Key Information

  • Paperback: 250 pages
  • Publisher: Independently published (15 July 2020)
  • Language: English
  • ISBN-13: 979-8666454220
  • ASIN: B08D527TRF


Construction Claims & Responses: effective writing & presentation, 1st Edition

PUBLICATION

Construction Claims & Responses: effective writing & presentation, 1st Edition

By Andy Hewitt

About this book

The book discusses the different types of claim common to construction contracts and presents a step-by-step guide which demonstrates the process of building up the submission of a claim.

It includes guidelines on how to write the claim, in a logical manner meeting the essentials of a successful claim. Worked examples of claims for variations, extensions of time and additional payment are included together with sample wording showing precisely how the claim may be presented in a manner which will lead the reviewer to a logical conclusion – or at least contain a persuasive argument to support the claimant’s case.

The vast majority of claims are managed without the need to resort to case law or legal matters. “Construction Claims: effective writing & responses” therefore discusses what the claim is trying to achieve and how to do this in a logical and persuasive manner This is a practical, hands-on guide for the construction industry professional which explains how to approach the preparation of the claim document, what topics to cover, how to present the essential elements and how to compile the submission document into a user friendly and comprehensive document.

For those whose job it is to review such submissions, it advises how to prepare responses which set out the respondent’s counter arguments, points of view and determinations.

The guide covers:

  • The various types of claim
  • How the claim may be split into sections dealing with the details of the contract, cause, effect, entitlement and quantum.
  • What this section is attempting to demonstrate or achieve and why.
  • What should be included within the section and why.
  • Worked examples of typical claims and responses with sample wording.

Foreword By Roger Knowles, founder and Chairman of The Knowles Group

“I was pleased to be asked by Andy Hewitt, a former colleague, to write the Preface to his book.

The first thing that strikes one, having read the first few pages, is the easy style Andy has adopted, which made my task a pleasure. It is also obvious from the outset that the author has had a great deal of hands on experience at the coalface of preparing and responding to claims which oozes from the pages.

First and foremost this book is international in its outlook and will be useful for those involved in claims worldwide. Andy in the early part of the book recounts his need when preparing his first claim for a “Claims for Dummies” type of book which he couldn’t find. This is not a book for dummies, but is essential reading for anyone who is preparing a claim for the first time. For those of us with experience a plenty, the book provides an excellent aide memoire and will ensure that nothing is missed.

The book is without a doubt fully comprehensive and goes through the preparation of a claim from A to Z. In each chapter Andy tells the reader of matters which he intends to cover, then provides the detail and ends up reviewing what had been written. In any campaign, and the preparation submission and negotiation of a claim is something of a campaign, it is essential to have a strategy and this is dealt with at the outset.

Claims may be related to variations, delays caused by the employer and neutral events which could involve extensions of time, prolongation costs, acceleration and disruption, all of which are fully explained.

I was pleased to be asked by Andy Hewitt, a former colleague, to write the Preface to his book.– Roger Knowles

Claims are nearly always prepared by reference to the conditions of contract. The book refers to the FIDIC conditions, but this should not put off those who are involved with contracts where other standard conditions apply. The comprehensive nature of the book would easily enable the reader to slot the advice provided on its pages into other standard conditions of contract. The book leaves nothing to chance when referring to the conditions which are applicable when preparing a claim.

The need for a stand- alone claim, accompanied by all documents referred to therein, is stressed as being essential if the claim is to be taken seriously and result in a satisfactory settlement. Nobody who has the task of reviewing a claim has the appetite for wading through mountains of files to find documents which relate to the claim. The claim must be user friendly and be in more than one volume to ensure that when reading the claim it is easy to follow documents to which the claim relates.

Andy goes on to deal with what he considers to be the essentials of a successful claim CEES Cause, Effect, Entitlement and Substantiation. By way of illustration the book provides in detail the CEES of a delay and disruption claim on an 84 dwelling project where 6 of the houses are delayed and disrupted by work undertaken on behalf of the employer on the access road. There is also an example claim of an extension of time and additional payment for prolongation arising from a variation in respect of the redesign of an electrical transformer room on a multi story project.

The style and formatting of the claim document is dealt with down to such detail as to the content and layout of the cover to the claim. Finally, Andy from his experience deals with how in a professional manner a response on how to undertake a claim.

I like the book and 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.

It will certainly have a place on my bookshelf to allow me, having prepared a claim, to check to ensure I haven’t missed anything”.

Key Information

ISBN: 978-1-119-97934-0
Paperback: 240 pages
Publisher: Wiley Blackwell; 1st edition (August 2011)


Construction Claims & Responses: effective writing & presentation, 2nd Edition

PUBLICATION

Construction Claims & Responses: effective writing & presentation, 2nd Edition

By Andy Hewitt

About this book

The book discusses the different types of claim common to construction contracts and presents a step-by-step guide which demonstrates the process of building up the submission of a claim.

It includes guidelines as to how to set out the claim, section by section in a logical manner to ensure that the essentials of a successful claim are included. Worked examples of claims for variations, extensions of time and additional payment are included together with sample wording showing precisely how the claim may be presented in a manner which will lead the reviewer to a logical conclusion – or at least contain a persuasive argument to support the claimant’s case.

For construction project personnel worldwide, who need to review such submissions – from all sides, contractors, subcontractors, consultants and clients – the author advises how to prepare responses which set out the respondent’s counter arguments, points of view and determinations.

For this second edition, the guidance has been updated and the text improved, incorporating feedback from readers, including a new chapter on contract administration for claims. Also new is additional material covering explanations, summaries and conclusions in narrative writing. The additional material is included as a result of feedback received our Construction Claims Distance Learning Course students.

Foreword By Roger Knowles, founder and Chairman of The Knowles Group

“I was pleased to be asked by Andy Hewitt, a former colleague, to write the Preface to his book.

The first thing that strikes one, having read the first few pages, is the easy style Andy has adopted, which made my task a pleasure. It is also obvious from the outset that the author has had a great deal of hands on experience at the coalface of preparing and responding to claims which oozes from the pages.

First and foremost this book is international in its outlook and will be useful for those involved in claims on a worldwide basis. Andy in the early part of the book recounts his need when preparing his first claim for a “Claims for Dummies” type of book which he couldn’t find. This is not a book for dummies, but is essential reading for anyone who is preparing a claim for the first time. For those of us with experience a plenty, the book provides an excellent aide memoire and will ensure that nothing is missed.

The book is without a doubt fully comprehensive and goes through the preparation of a claim from A to Z. In each chapter Andy tells the reader of matters which he intends to cover, then provides the detail and ends up reviewing what had been written. In any campaign, and the preparation submission and negotiation of a claim is something of a campaign, it is essential to have a strategy and this is dealt with at the outset.

Claims may be related to variations, delays caused by the employer and neutral events which could involve extensions of time, prolongation costs, acceleration and disruption, all of which are fully explained.

I was pleased to be asked by Andy Hewitt, a former colleague, to write the Preface to his book.– Roger Knowles

Claims are nearly always prepared by reference to the conditions of contract. The book refers to the FIDIC conditions, but this should not put off those who are involved with contracts where other standard conditions apply. The comprehensive nature of the book would easily enable the reader to slot the advice provided on its pages into other standard conditions of contract. The book leaves nothing to chance when referring to the conditions which are applicable when preparing a claim.

The need for a stand- alone claim, accompanied by all documents referred to therein, is stressed as being essential if the claim is to be taken seriously and result in a satisfactory settlement. Nobody who has the task of reviewing a claim has the appetite for wading through mountains of files to find documents which relate to the claim. The claim must be user friendly and be in more than one volume to ensure that when reading the claim it is easy to follow documents to which the claim relates.

Andy goes on to deal with what he considers to be the essentials of a successful claim CEES Cause, Effect, Entitlement and Substantiation. By way of illustration the book provides in detail the CEES of a delay and disruption claim on an 84 dwelling project where 6 of the houses are delayed and disrupted by work undertaken on behalf of the employer on the access road. There is also an example claim of an extension of time and additional payment for prolongation arising from a variation in respect of the redesign of an electrical transformer room on a multi story project.

The style and formatting of the claim document is dealt with down to such detail as to the content and layout of the cover to the claim. Finally, Andy from his experience deals with how in a professional manner a response to a claim should be undertaken.

I like the book and 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.

It will certainly have a place on my bookshelf to allow me, having prepared a claim, to check to ensure I haven’t missed anything”.

Key Information

ISBN: 978-1119151852
Paperback: 240 pages
Publisher: Wiley-Blackwell; 2 edition (May 2, 2016)


The FIDIC Contracts: Obligations of the Parties

PUBLICATION

The FIDIC Contracts: Obligations of the Parties

By Andy Hewitt

About this book

A ready-reference on the contractual obligations of the various parties for a FIDIC construction contract.

The most important part of any contract is the obligations of the parties, the time frames in which the parties must perform these obligations, and the consequences of failing to meet them. Failure to carry out obligations correctly is a serious risk and common source of contention or claims.

This practical ready-reference on the contractual obligations of the various parties for a FIDIC construction contract promotes efficient administration of construction projects, prevents contention and aids an easier understanding of their obligations. The FIDIC Contracts: Obligations of the Parties is presented in an easily-referenced format, with the obligations set out in tabular form and clear summaries for each type of contract given in separate sections for the Employer, the Contractor and the Engineer.

This guide’s accessible style will enable the project manager, quantity surveyor or contract manager to quickly check that his company is performing the required obligations correctly – and also to ensure the other parties are doing the same.

Foreword By Roger Knowles, founder and Chairman of The Knowles Group

“It is clear that there is less chance of failure to observe contract compliance using [this] book, than reliance on reading though the appropriate clauses in the contract… A big plus is that those using the book will find answers to queries relating to contractual issues arising from the FIDIC contracts conditions in a fraction of the time it would take if it were necessary to study the full text… For those using the FIDIC forms for the first time, or infrequently, this book is a must, whilst experienced users will find it a valuable memory jogger. Whichever category the reader falls into, using this book should improve performance…The book is ideal for engineers, quantity surveyors, contract managers and any person whose job it is to understand the workings of a FIDIC contract.”

Key Information

ISBN: 978-1-118-29180-1
Hardback: 344 pages
Publisher: Wiley Blackwell; 1 edition (May 2014)