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Project Records

Records, Records, Records
The success of a claim will depend on the claimant being able to prove to a reasonable
extent, the cause and effect of the claimable event and to do this, good record keeping is
essential. Most contract administration systems will allow for events to be recorded by way of
correspondence and meeting minutes and much of the necessary substantiation of
contemporaneous events can be obtained from such records.
Submittal logs of shop drawings, material approval requests, method statements and the like,
which record each action by the various parties are also a useful source of information and
record, as are daily site reports which record the resources deployed, materials delivered
and the activities being worked on. All of these will help to establish dates and times, which,
particularly in the case of an extension of time claim, will prove to be of great benefit.
Computerised document management systems are common on construction projects and
may be used to great effect in claim situations.

The contract administration system should also ensure that additional records are kept when
a likely claim event occurs. For example, if the contractor receives an instruction which
requires executed work to be altered or demolished, it would be a good idea to photograph
the progress at the time the instruction was received and to annotate drawings to record the
same. It would also be sensible to keep daywork records of time and materials deployed on
the alteration or demolition work.
Obviously each situation will be different, but it is always better to have kept records that may
not eventually be required than have no means of proving the events.


Chronology and Database

When it is time to prepare the claim, much time can be saved if various records are collected
and recorded on a database. The time to start doing this is as soon as an event occurs which
is likely to result in a claim. It then becomes a fairly easy job as correspondence, minutes
and the like are reviewed on a daily basis, to copy and file relevant documents separately
and to add them to the database. An example of a simple spreadsheet database is shown
below.

JOHNSON CONSTRUCTION GROUP

ANDY HEWITT
Construction Contracts and
Claims Consultant

NORTHERN RING ROAD, NEWTOWN

DOCUMENT DATABASE - WATERPROOFING CLAIM

Date

Type

Ref.

From

To

Subject

08-Jul-09

Letter

0306

JCG

APS

18-Jul-09

44

JCG

ENGR

25-Sep-10

Mat
App
Test

Supply and Apply Eliminator System

(Spray Type Waterproofing)
Materials Approval

C1194

APS

JCG

Test Certificate

14-Oct-10

Letter

2053

ENGR

JCG

Laying of Sub Grade at Different

Locations in Type 1 waterproofing

16-Oct-10

Letter

001

JCG

APS

Waterproofing Type 1

17-Oct-10

Letter

2196

JCG

ENGR

Laying of Sub Grade at Different

Locations Waterproofing Type 1

17-Oct-10

Letter

2061

ENGR

JCG

25-Oct-10

Email

1194

APS

JCG

Laying of Sub Grade at 1C-2A on

Waterproofing Membrane Type 1
Waterproofing Type 1

01-Nov-10

Letter

2114

ENGR

JCG

Waterproofing Membrane Type 1

02-Nov-10

Letter

2264

JCG

ENGR

Waterproofing Type 1 -APS report

03-Nov-10

Letter

2123

ENGR

JCG

Waterproofing Type 1 -APS report

06-Nov-10

Letter

2280

JCG

ENGR

Waterproofing Type 1 -APS report

Contents
Letter of intent
Product and subcontractor
approval
Test Certificate 2A Underpass
Bridge
Waterproofing under
investigation. Instructed not to
lay until approved. APS to
provide requested information
Request technical clarifications.
Enclosing mix designs
Conf of verbal instructions.
Proceed with sub-grade where
waterproofing completed
Letter of undertaking required
from APS
Re Meeting 12 Oct. required
RSA mix design to confirm
compatibility. Pointing out
conflicts in dwgs and request
clarification
Repeat request for APS to
provide undertaking of product
performance
Request instructions re use of
RSA and RSA specification
Query why RSA is required.
Repeat request for performance
undertaking
Repeat request instructions re
use of RSA and RSA
specification

Date

Type

Ref.

From

To

Subject

06-Nov-10

Letter

2136

ENGR

JCG

Waterproofing Type 1 -APS report

11-Dec-10

Letter

2239

ENGR

JCG

19-Dec-10

Letter

2435

JCG

ENGR

Notification of Claim for Deletion of

Waterproofing Membrane
Trough Section Drawings at IC (3)

20-Dec-10

Letter

2438

JCG

ENGR

20-Dec-10

Letter

2439

JCG

ENGR

04-Jan-11

Letter

2496

JCG

ENGR

04-Jan-11

Letter

2497

JCG

ENGR

05-Jan-11

Letter

2299

ENGR

JCG

05-Jan-11

Letter

2300

ENGR

JCG

Notification of Claim for Deletion of

Waterproofing Membrane
Waterproofing Type 1 for Decks
Notification of Claim for Deletion of
Waterproofing Membrane
Notification of Claim for Deletion of
Waterproofing Membrane
Notification of Claim for Deletion of
Waterproofing Membrane
Deletion of Waterproof Trough
Section! C-03 Completion

Contents
Request information on use of
RSA and performance
undertaking. Confirm spec for
RSA provided by email
Not following claim procedure
Not relevant to waterproofing
Following claim procedure. Reconfirm notice of claim
Confirm instructions deleting
waterproofing. Notice of claim
Reserve rights to claim
Notice of claim
Rejection of claim. Allege
delivered mats not notified
previously
Rejection of delay claim

One of the best ways to write a claim narrative, particularly in the case of an extension of
time claim, is by way of a chronology. This will help to demonstrate cause and effect and will
also tell the story in a logical way and automatically lead the reviewer to a logical
conclusion. When sorted into chronological order, the records in such a database will form
an excellent starting point from which to start the claim narrative.
Such records and the database will be invaluable information to a claims consultant or to a
colleague who is not project-based, who may be brought in to prepare the claim.

The

database can also be used as an invaluable working tool while preparing the claim, for
example, significant events may be highlighted to establish when a certain event occurred
and the sort and filter functions in Microsoft Excel may be used to good effect.
This paper was provided by FICCP, Andy Hewitt.
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