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Construction Claims: The Investigation

Document Cited in Related
Vincent
AuthorWayne Clark
Pages31-43
31
CHAP TER 3
Construction Claims: The Investigation
An essential ingredient for credible an d persuasive claims is prepara-
tion – investigation. A well-prepared claim base d on facts, supported
by the evidence, will succeed.
As suggested in the previous chapter, claims ba sed on the facts
and supported by evidence are likely to succeed, increa sing the
prospect of early and amicable settlement.
Before even thinking a bout putting pen to paper – before starting to
write any part of a claim – a detailed investigation into the key aspects
of the project relating to the proposed claim must be carried out.
e documents and records that need to be thoroughly exa mined
and fully understood by the cla ims team during the investig ation
stage must, at the very least, include the following.
• e key terms and conditions of the contract.
• e issues (the ‘events’) giving rise to potential claims. Events
for which extensions of time and payment of additional costs are
being pursued by our client.
• e contract programme, updates and progress reports.
• Correspondence relating to the events and each parties’ positions
regarding l iability a nd entitlement.
• Minutes of meetings recording the events that are being consid-
ered for the claim.
• Any other records available to support the clai m, such as draw-
ings, photographs and, if available videos.
• Previous claim submissions and employer’s responses, if these
exist.

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