Professional Documents
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Construction Claims Construction Claims
Construction Claims Construction Claims
a. Contractual Claims
b. Extra Contractual Claims.
c. Quantum Merit Claims.
d. Ex – gratia Claims.
e. Counter Claims.
Contractual Claims
These are the claims which arise out of
the express provision of the particular
contract i.e., for extra cost, expense and
direct loss specifically provided as a
remedy in the contract for breach of
contract on the part of the party
concerned.
Extra Contractual Claims
1. Site records
2. Correspondence
3. Record of site meetings
4. Site diaries.
5. Programmes and progress schedule
6. Payments claimed and made.
In a situation where a claim is lost for direct loss and /or expense in
respect of a variation it will be necessary that it is supported by the
following:
1. Copy of an instruction for variation validly issued and acted upon.
2. The date of issue and receipt of instruction relating to variation.
3. Brief on the nature of variation.
4. The time at which it was necessary to carryout the work pursuant to the
variation instructions.
5. Justification that carrying out of the variation instructions certainly affected
progress of work.
6. The extent of work which got affected by implementing the variation
instructions.
7. Proof that the contractor made a proper and timely application to the
engineer in respect of the direct loss and /or expense.
8. Substance supporting particulars and proof of direct loss and /or expenses
suffered or incurred.
DRAFTING OF CLAIM
Prerequisites to recovery
2. Presentation of evidence of an act which
claimed cost were incurred.
3. Concrete proof between the act of condition
complained of and the damage incurred.
Negotiating Settlement