This one day workshop caters to both Contractors and Engineers involved in administering NZS 3910 contracts, who need to develop systematic approaches for preparing, submitting and responding to claims for unanticipated events that occur on many construction contracts, whether or not they are well described in the conditions of contract.
Such claims might be for additional monetary entitlements, extensions of time for completion as is defined in the contract, or for other remedies such as prolongation of the Contractor’s need to be present on site, or the costs of accelerating progress to meet the Principal’s fixed time limits or a need to negotiate earlier completion.
Ideas on an appropriate format are offered for the gathering and presenting information on entitlements and the circumstances that have arisen on a particular project to entitle them are offered, so that claim documents do not alienate the reviewer(s) and make them less disposed to agree to the contractor’s viewpoint.
In anticipation of a possible need for such claims to be prepared, the importance of keeping contemporary records of progress and delaying events is stressed.
From the Engineer’s viewpoint, appropriate techniques for minimising the likelihood of claims are explored, and possible responses under the conditions of contract are suggested. Important elements in claim documentation are outlined and examples of the use of these ideas in hypothetical project examples are given and worked upon by workshop participants.
Participants will learn:
- understand the advantages of submitting a well argued and supported claim,
- learn what techniques should be used to analyse and respond to such claims, with either rejection or certification
- review the payment clauses and understand when additional payment of a contractor may be justified?
- follow the Engineer’s processes for analysing, valuing and responding to such claims
- learn what might happen if claims are unfairly dismissed or ignored