Claim for Increased Costs on a Fixed Price Contract

Are there circumstances whereby a contractor may claim increased costs of materials on a fixed price contract? As usual, this would depend on the particular contract, but if we take FIDIC as an example, yes there are.Read more


Case Study - Establishing Cause and Effect

In Claims Class Case Studies, we present a case study of a real situation for the reader to study and decide on the correct contractual outcome. The author’s opinion of the solution is presented underneath.Read more


Claiming Prolongation Costs when there is no Entitlement to an Extension of Time | Can it be done?

It is generally accepted that, in a situation where a contractor is entitled to an extension of time, he is also entitled to claim for time-related costs for the additional time that he was obliged to remain on site. Such costs are usually referred to as prolongation costs.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


‘Thickening’ of Preliminary Items

It is generally accepted that where a contractor is entitled to an extension of time, he is also entitled to claim for time-related costs for the period of delay. Time-related include costs for providing site management, site establishment, plant and equipment, insurances, additional financing costs head office costs and the like, which are usually priced in the preliminaries section of the bill of quantities.Read more


Construction Claims Distance Learning Course | A Graduate's Perspective

When I enrolled on the Claims Class Distance Learning Course, I was approaching 10 years of experience. During that time I had dealt with claims on both sides of the fence, with a reasonable degree of success, so I was by no means a novice.Read more


What Qualifies as a Force Majeure event under FIDIC?

One of our distance learning students contacted me for some advice on a claim that she had received based on force majeure on a contract under the FIDIC Yellow Book. My advice may be summarised as follows and is also applicable to the 1999 FIDIC Red Book:Read more


7 Things to Consider When Choosing a Training Provider

Registering for a training course may seem like a relatively easy decision. You receive information about a course, it peaks your interest and you do a bit of digging…Read more


Climatic Conditions

We recently had a request on our LinkedIn page to discuss when climatic conditions may be provide grounds to a claim.Read more