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 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.

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