bids and contracts
“Claims” what’s it all about?
Te scenario Have you ever incurred additional costs because someone else is
at fault? Furthermore have you ever lost money on a project due to someone else’s mistakes or have they simply not done what they are supposed to do? If the above is the case then you may be able to submit and negotiate a claim for “loss and/or expense”
What is a claim? A claim is essentially reimbursement for costs incurred which would
not have occurred had one party not been in default or breach of contract (not fulfilled their part of the bargain). Te claim will aim to put the injured party in the same position as they would have been had the contract been performed as tendered.
What is “loss and expense”? It is effectively additional expenses (costs incurred) and loss of overhead recovery and profit.
What type of claims are there in the
Construction Industry? Money claims w Delay Claims – (sometimes called “Prolongation Claims”) – namely the lengthening of time of a programme or period on site (linked to time claims below)
w Disruption Claims – namely a disturbance, hindrance or interruption to normal working methods resulting in lower efficiency
w Acceleration Claims – namely to work to bring about an earlier point in time or alternatively to provide more resources to bring about the same original completion date after suffering delays and/or disruption
Time claims w Time claims – seeking an extension of time (to avoid paying liquidated damages or receiving contra charges)
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