Drafting Effective Construction Claims
In the midst of grappling with the intricacies of drafting a construction claim, two pivotal components demand our attention: Global Claims and Contemporaneous Records.
Let's dive into these concepts, understanding their relevance, and uncover strategies to bolster your claim drafting process.
Including Global Claims
A Global Claim, is intricately woven with multiple events, relies on inference to build compelling arguments without necessitating a direct causal link between actions (cause) and losses (effect).
Global claims are risky and easy to rebut, if you must integrate global claims into your strategy you will need to meet prerequisites, such as ensuring contract conditions are met and avoiding the inclusion of separable parts with identifiable causative links. Additionally, the impact of concurrent events not attributable to the respondent must be duly considered and demonstrated.
Identifying Causation
To have any chance of successfully drafting and negotiating a construction claim you need to pinpointing causation. This involves methodically untangling complexity, categorizing arguments, and addressing variation and delay claims separately.
Crafting a Claim – Strategic Steps
Make it Simple: Begin by unravelling the complexities, isolating and defining heads of claim. In other words make your argument simple to understand. Prioritize the investigation of variations, use a quantity surveyor to break down the variation costs separately from delay costs. Variations can serve as crucial sources of causation for delay claims.
Quantity Surveyor vs. Delay Expert: Distinguish the roles within your team. While the Quantity Surveyor focuses on variations and delay cost breakdowns, the Delay Expert engages in baseline program audits and forensic delay analysis.
Using Contemporaneous Records – Essential Guidance
Contemporaneous records, are pivotal in constructing a robust claim, they are real-time documentation of on-site events as they occurred. They can range from handwritten daily diaries to live feed web cameras. Regardless of what you have available, they must articulate the following essential details:
What happened?
Why is the event a change?
For cost changes, what is the quantum, and how do the supporting records validate this?
For time changes, what is the quantum of time, and why does the event impact the critical path?
Claim Narrative – Crafting Impactful Messages
Recognize that, while pictures capture moments, they may fall short in demonstrating cause and effect. Similarly, impacted programs without a descriptive narrative risk being misconstrued.
As you draft your claim, review, collate, and create a claim that tells a compelling story based on the facts and evidence that uses simple non legalistic language. Ensure your claim demonstrates the four points demonstrated above.
Conclusion – Empowering Your Claim Drafting Journey
In conclusion, integrating well-organized contemporaneous records with a detailed claim empowers your claim drafting process. These records not only provide a factual foundation but also establish a separate head of claim, showcasing cause and effect.
As you face the challenge of drafting your claim, a systematic and organized approach, incorporating these insights, will pave the way for a smoother resolution process and a stronger claim in the complex realm of construction disputes.
Final Point
If you undertake the exercise above it will allow you to understand the true value of any costs owed and the amount of time you are entitled to. This means that even if you are not ready to make claim you and your executive team are fully aware of your position. This is very important for any business.
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