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This book is dedicated to Kim, Nik and Nina.
Construction
Claims & Responses
effective writing & presentation
Second Edition

Andy Hewitt
Hewitt Construction Consultancy Claims Class
This edition first published 2016
© 2016 by John Wiley & Sons, Ltd
© 2011 by John Wiley & Sons, Ltd

Wiley-Blackwell is an imprint of John Wiley & Sons, formed by the merger of Wiley’s global
Scientific, Technical and Medical business with Blackwell Publishing.

First edition published 2011

Second edition published 2016

Registered Office
John Wiley & Sons, Ltd, The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ,
United Kingdom

Editorial Offices
9600 Garsington Road, Oxford, OX4 2DQ, United Kingdom
The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, United Kingdom

For details of our global editorial offices, for customer services and for information about
how to apply for permission to reuse the copyright material in this book please see our
website at www.wiley.com/wiley‐blackwell.

The right of the author to be identified as the author of this work has been asserted in
accordance with the UK Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this publication may be reproduced, stored in a retrieval
system, or transmitted, in any form or by any means, electronic, mechanical, photocopying,
recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act
1988, without the prior permission of the publisher.

Designations used by companies to distinguish their products are often claimed as

trademarks. All brand names and product names used in this book are trade names, service
marks, trademarks or registered trademarks of their respective owners. The publisher is not
associated with any product or vendor mentioned in this book.

Limit of Liability/Disclaimer of Warranty: While the publisher and author(s) have used their
best efforts in preparing this book, they make no representations or warranties with respect
to the accuracy or completeness of the contents of this book and specifically disclaim
any implied warranties of merchantability or fitness for a particular purpose. It is sold on
the understanding that the publisher is not engaged in rendering professional services
and neither the publisher nor the author shall be liable for damages arising herefrom.
If professional advice or other expert assistance is required, the services of a competent
professional should be sought.

Library of Congress Cataloging‐in‐Publication Data

ISBN: 9781119151852

A catalogue record for this book is available from the British Library.

Wiley also publishes its books in a variety of electronic formats. Some content that appears
in print may not be available in electronic books.

Cover image: SilviaJansen/iStockphoto

Set in 10.5/13pt Helvetica by SPi Global, Pondicherry, India

1 2016
Contents

About the Author ix

Foreword by Roger Knowles xi
Acknowledgements xviii

Chapter 1: Introduction 1
Why is it Necessary to Produce a Fully
Detailed and Professionally Presented
Claim or Response? 1
The Purpose of the Book 3
Things to be Considered Before Writing the Claim 5
The form of Contract used in the Examples 8
Definitions 9
The example projects 10

Chapter 2: Contract Administration for Claims and

Claims Avoidance 11
Introduction 11
The contract documents 11
Programmes and Planning 14
Records, Records, Records 17
Chronology and database 19
Notices 22
Dispute Adjudication Boards and the Like 24
Procedures 25

Chapter 3: Types of Claim 27

Claims for Variations 27
Claims for Extensions of Time 32
vi  Contents

Claims for Additional Payment Due to Prolongation 35

Acceleration and Disruption Claims 37
Claims for Damages Under Law 40
Interim and Final Claims 41

Chapter 4: Presentation 43
Presentation of the Submission or Review
Document 43
Writing Style 44
Key points for claim presentation 48
Making the Document User‐Friendly 48
Making the submission or review
a stand‐alone document 49
Superfluous and irrelevant information 50
Do not Assume that the Reviewer has
Prior Knowledge of the Project or Circumstances 50
The importance of leading the reviewer
to a logical conclusion 51
Explanations, summaries and conclusions 52
Use of the Narrative to Explain other Documents 52
Substantiation by the use of Exhibits and
Additional Documents 53
Compilation of the document 54
Summary of the Principles Covered in this Chapter 56

Chapter 5: Essential Elements of a Successful Claim 57

Introduction 57
Summary of the principles covered in this chapter 81

Chapter 6: The preliminaries to the claim 83

Introduction 83

Chapter 7: The Extension of Time Claim 107

The Method of Delay Analysis 108
The Extension of Time Claim 112
 Contents  vii

Chapter 8: The Claim for Additional Payment 129

Calculations 142

Chapter 9: The appendices and editing 147

Arrangement of the appendices 147
Editing and review 152

Chapter 10: Claim Responses and Determinations 155

Chapter 11: A note on dispute boards 183

Information Sources191

FIDIC Clause References 193

Index 195
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About the Author

Andy Hewitt is a construction contracts and claims consultant who has

over 40 years’ experience in the construction industry in the UK, Africa
and in the Middle East. In addition to many projects in the UK, he has
worked on projects in Nigeria, Sudan, Bahrain, Saudi Arabia, Jordan,
Oman, Tanzania and the United Arab Emirates.
Andy has held senior commercial and project‐management p ­ ositions
with contractors, subcontractors and consultants, including several
years operating his own consultancy practice in the UK, which provided
quantity surveying, estimating and project‐management services. He
has been involved in a wide variety of construction projects including
super high‐rise, airports, hospitals, residential, hotels, shopping malls,
industrial buildings, heavy civil engineering, marine works, process
plants, pipelines, desalination plants and royal palaces.
One of the most enjoyable periods of Andy’s career was when he
was employed as a claims and contracts consultant by J.R. Knowles,
one of the most prestigious international consultants in this field. During
this period he discovered that his background on both the contractor’s
and the client’s ‘side of the fence’ in commercial, contracts and project‐
management positions gave him the ability to look at the issues objec-
tively and to manage and to resolve the often adversarial nature of
claims in a proactive manner to achieve resolutions acceptable to the
parties. During this period he was involved in several iconic projects in
the United Arab Emirates including the world‐famous Burj Al Arab hotel
in Dubai.
During the past decade, Andy has been employed in positions as
project director, contracts manager and commercial manager on many
prestigious projects in the Middle East. In these roles he has had
the responsibility of both preparing and determining many claims. The
often poor quality of the claims and determinations that have come
across his desk during this time, many of which have exhibited a lack
of understanding of many basic concepts and requirements of the
­subject, inspired him to share his experience on the subject with the
industry by way of this publication.
Currently, Andy is the principal of Hewitt Consultancy services, a
small, specialist practice offering claims, contracts, dispute manage-
ment and adjudication services to contractors and employers.
x   About the Author

Following feedback from the first edition of this book and after sev-
eral invitations from companies to provide training on claims related
issues, Andy realised that there was a significant gap in the market for
education and training on the subject. This led him to develop a tutor‐
assisted distance learning course on construction claims and several
two‐day intensive training courses on subjects relating to claims. These
courses are marketed internationally under the banner of Claim Class.
Andy now splits his time between Europe and the Middle East and
is involved in consultancy work as well as providing education and
training in many countries.

Hewitt Construction Consultancy provides two distinct services to cli-

ents: consultancy work, which is principally provided by Andy Hewitt,
and education and training which is provided under the Claims Class
banner.
Consultancy services include the following:
• Claim preparation • Dispute adjudication
• Claim review and defence • Dispute management
• Claim enhancement and presentation • Arbitration support
• Contractual advice • Dispute board membership
• Contract administration set up • Education and training
and advice

Further Information

Email: [email protected]
[email protected]
www: www.hewittconstructionconsultancy.com
Foreword

I was pleased to be asked by Andy Hewitt, a former colleague, to write

the Foreword 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 of preparing and responding to claims, and this 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. In the early
part of the book, Andy 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
aplenty, 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 relate 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.
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 condi-
tions 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 refer-
ring to the conditions that 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 to result in a satisfactory settlement. Nobody who
has the task of reviewing a claim has the appetite for wading through
xii  Foreword

mountains of files to find documents that 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. These may seem fairly basic matters, but I would say
that in excess of half the claims prepared fail to follow this simple
procedure.
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 six 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‐storey project.
The style and formatting of the claim document is dealt with down to
such detail as the content and layout of the cover to the claim. Finally,
Andy deals, from his experience, with how a response to a claim should
be undertaken in a professional manner.
I like the book and have no hesitation in recommending it to stu-
dents, 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 ensure that I haven’t missed anything.

Roger Knowles
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