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    Contractual Claims: Focusing On

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    Isuru Deshan Wijewardana
    The document discusses contractual claims in building contracts. It defines a claim as the assertion of a right to additional payment or an extension of time under the provisions of the contract. Claims must be based on specific clauses in the contract and distinguished from disputes and variations. The contractor has 28 days to notify the engineer of any claim and must submit supporting details within 42 days. Interim claims are required for ongoing effects. The engineer is responsible for assessing claims within the contractual framework. The employer can also make claims, such as for delay damages or an extension of the defects notification period. They must provide notice and particulars to the contractor to substantiate any claim.

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    © All Rights Reserved
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    Contractual Claims: Focusing On

    Uploaded by

    Isuru Deshan Wijewardana
    64 views1 page
    The document discusses contractual claims in building contracts. It defines a claim as the assertion of a right to additional payment or an extension of time under the provisions of the contract. Claims must be based on specific clauses in the contract and distinguished from disputes and variations. The contractor has 28 days to notify the engineer of any claim and must submit supporting details within 42 days. Interim claims are required for ongoing effects. The engineer is responsible for assessing claims within the contractual framework. The employer can also make claims, such as for delay damages or an extension of the defects notification period. They must provide notice and particulars to the contractor to substantiate any claim.

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    claim

    Original Title

    Papworth Claims

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    The document discusses contractual claims in building contracts. It defines a claim as the assertion of a right to additional payment or an extension of time under the provisions of the contract. Claims must be based on specific clauses in the contract and distinguished from disputes and variations. The contractor has 28 days to notify the engineer of any claim and must submit supporting details within 42 days. Interim claims are required for ongoing effects. The engineer is responsible for assessing claims within the contractual framework. The employer can also make claims, such as for delay damages or an extension of the defects notification period. They must provide notice and particulars to the contractor to substantiate any claim.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    64 views1 page

    Contractual Claims: Focusing On

    Uploaded by

    Isuru Deshan Wijewardana
    The document discusses contractual claims in building contracts. It defines a claim as the assertion of a right to additional payment or an extension of time under the provisions of the contract. Claims must be based on specific clauses in the contract and distinguished from disputes and variations. The contractor has 28 days to notify the engineer of any claim and must submit supporting details within 42 days. Interim claims are required for ongoing effects. The engineer is responsible for assessing claims within the contractual framework. The employer can also make claims, such as for delay damages or an extension of the defects notification period. They must provide notice and particulars to the contractor to substantiate any claim.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    Law advice//

    Focusing on
    contractual
    claims
    Illustration by Mitch Blunt

    ‘Claims’ is a word that can mean different things to


    different people. It can cause emotional flare-ups,
    strained relations, endless exchanges of correspondence
    and considerable resources. A claim has been defined
    as the assertion of a right to, a demand or a request for
    something. That ‘something’ in the context of a building
    contract can be an extension of the time for completion
    and/or additional payment under the express or implied
    provisions of the contract. 2.5, which entitles the employer to claim payment from the
    Claims must be distinguished from disputes and contractor or to extend the Defects Notification Period are
    variations. When the contractor makes a claim, he is found in several clauses in the contract form.
    simply putting forward a statement on his contractual
    entitlement. However, if the claim is not accepted or there CLAIMS BY CONTRACTOR
    is a failure to reach consensus, it may become a formal The contractor has 28 days from being made aware of the
    dispute. Variations can manifest into claims when the event or circumstance giving rise to the claim to notify the
    contractor believes he has a contractual entitlement, for engineer. Failure to give a notice within the 28-day limit
    which he could not be sufficiently compensated under the disentitles the contractor from claiming an extension of
    contractual machinery for valuing variations. time and additional payment, and discharges the employer
    from any liability for the claim. Any other notices called for
    if the claim is not ORIGINS AND BASES
    Contractual claims must
    under the contract, and the supporting details which are of
    relevance to the claim, are also required to be submitted.
    accepted, or there originate from particular The contractor has to keep such contemporary records
    clauses in the contract. A grant as may be required to substantiate his claim and make
    is a failure to reach or refusal of an extension of them available for inspection by the engineer. A fully
    consensus, it may time for completion does
    not necessarily entitle the
    particularised claim must be submitted within 42 days
    of the contractor being made aware of the relevant
    become a dispute contractor to a claim for event or circumstance. If the event has a continuing
    additional payment. Neither is effect, interim claims have to be submitted at monthly
    it necessary for the time for completion to be extended intervals, culminating in a final claim within 28 days of the
    before the contractor can make a claim for such additional end of the effects.
    payment. That regular progress or completion of the works In the final reckoning, any claim for time or additional
    has been disrupted, prolonged and/or materially affected is payment must be responsibly assessed by the engineer
    what forms the basis of the contractor’s entitlement. The without delay and within the contractual framework so
    expression ‘materially affected’ means that trivial delays that, importantly, the employer pays no more and the
    and disruptions must be absorbed by the contractor and, contractor recovers no less.
    therefore, only circumstances which substantially affect
    progress and/or completion of the works are recognised. Eugenie Lip FRICS is head of KPK Contracts Support Group
    and a director with KPK Quantity Surveyors. kpkqs.com.
    CLAIMS BY EMPLOYER
    Where the employer considers he is entitled to claim
    payment from the contractor including claims for delay
    damages, breach of contract by the contractor (or any
    other claims under the contract), or an extension to the
    Defects Notification Period, he (or the engineer) must
    give a notice to that effect as soon as practicable. The
    notice must be accompanied by particulars specifying
    the relevant sub-clause and/or basis of the claim with
    substantiation of the amount claimed and/or extension to
    the Defects Notification Period. References to Sub-Clause

    03.12 // MODUS ASIA 35

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