Construction Contract Claims - ENGINEERING MANAGEMENT
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Monday, November 7, 2016

Construction Contract Claims

Construction Contract Claims

  • Brief History of Construction Contracts and Case Law
  • Choice of Contracts
  • Tender and Acceptance
  • Monitoring Delay and Disruption Claims: Prevention
  • Formulation and Presentation of Claims
  • Subcontractors
  • Response to Claims: Counter-claims
  • Avoidance, Resolution and Settlement of Disputes

There are a number of excellent text books on construction law, contracts

and claims. The author has referred to Hudson's Building and Engineering

Contracts, tenth edition for a number of early cases, and readers are

advised to refer to this invaluable source for a better understanding of many

issues discussed in this book. Publications by James R. Knowles listed in

the bibliography have also been invaluable in the preparation of this book
and are recommended for further reading. Knowles' publications and summaries
of the cases cited in References may be purchased from Knowles
Publications, Wardle House, King Street, Knutsford, Cheshire WA16 6PD.
The contents of this book are intended to present to readers a general view
of the practical problems which exist and how they might be avoided or
resolved. The views expressed by the author represent several years' experience
of looking backwards at projects which have gone wrong. In practice,
many projects go well, are completed without major claims, and where
they do occur, they are often settled promptly, professionally and amicably.
Unfortunately, there is an increasing incidence of claims, most of which
are brought about by financial pressures which stretch the resources of
consultants, contractors and subcontractors alike. Many firms do not have
sufficient allowances built into their fees, or into the contract price, to carry
out their obligations properly. Some firms lack sufficient staff with the skills
required to manage projects efficiently and to deal with claims in a professional
manner. Insufficient attention to training staff, so that they can be
better prepared to deal with claims, is another reason for many of the problems
which exist in the industry. Whilst many claims are well presented and
dealt with professionally by the recipient, some of these failures are evidenced
in the presentation and quality of some claims submitted by large
and small firms alike and in the response made by some architects, engineers
and quantity surveyors.


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