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Claim Identification

2 replies [Last post]
Ashutosh Yadwade
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Joined: 25 Sep 2005
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Construction claim identification is ‘‘timely’’ and ‘‘accurate’’ detection of a construction claim. This is the first and critically important ingredient of the claim process.

What are the tools used be Contractors to improve their Claim Identification procedure?

To what extent awareness among the field staff regarding contractual matters will help in identification of claims?

Are there any standard methodologies or procedures for claim Identification?
If yes what are those?
If No does still claim identification depends solely on the skills of the personnel directly involved, rather than a collective knowledge individuals in the organisation (in the form of standard procedures)?

What are (if any) the best practices in Claim Identification used by successful contractor organisations or recommended by claim consultants?

Replies

Shahzad Munawar
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Joined: 2 Jul 2003
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Claim indentification is a very easy exercise. I’m surprise you ask this question. You have not done any claim indentification?

Well anyway, it is no big deal. The fundamental is to know the contract cluase relating to claims. Then you will follow what are the procedural requirements in submitting a claim.
Claim identification steps are as under:

a) Firstly read the procedural requirement of Claim in your Contract Provisions

b) Prepare a Claim register showing the date of inspection, date of intimation ,impact on time and resources of this claim and finally calculate associated costs.

c) Show this Claim impact on your baseline programme if it is time related

There are different formats of Claim register present on internet and select that which suits your contractual requirement.

Charleston-Joseph...
User offline. Last seen 3 years 43 weeks ago. Offline
Joined: 10 Jul 2005
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HI Ashu,

Claim indentification is a very easy exercise. I’m surprise you ask this question. You have not done any claim indentification?

Well anyway, it is no big deal. The fundamental is to know the contract cluase relating to claims. Then you will follow what are the procedural requirements in submitting a claim.

As the construction progress, you will notice a lot of correspondence or documents that will start a claim.

If you are in the client side, all you have to do is to wait for the contractor to submit there claims (you dont .give a hint to the contractor that such and such will be ground for claim). Let the contractor identify the claim since the onus is with the contractor to prove beyond reasonable doubt that the contractor is entiltle to a claim.

if you are on the contractor side, all you have to do is to inform the client of your intentions to file a claim in the event there is disruptions of the progress of work or if there is disruption in the shcedule of activities as approved by the client. Some of these actions maybe premature, or some intentions to file a claim maybe withdrawn, the bottomline is to follow the contract clause with regards to claims.

After identifying which documents got the best chance to pursue a claim, then, you file your claim no.1 under Head of Claim (Redesign of Basement Column - for example only), then you go on and on in identifying your claim no including the particular Head of Claim.

I hope this will help you.

Cheers,

Charlie