Claims

Question 1

What are the parts of a claim

Answer 1

1. Facts - contemporary records , witness statements, other evidence (news papers)
2. Legal basis - contractual an legal provision
   3.Liability - Employer liability to provide relief
3. Quantum -Amount of EOT/ or other payment

Question 2

Types of claims.

Answer 2

1.contractual claims ( arising out of breach express provisions in contract
2.claims at law ( breach of implied law)
3. Quantum merit
4. Ex gratia claims

Question 3

What are the grounds which gives Employment to terminate the contract under RB 99?

Answer 3

-Fail to comply with performance security requirements (valid /enforceable/ un-extendable)
-commencement delay
-Fail to pass test and remedy defects
-abandon the works and have no intention to perform.
-subcontract whole works without agreement with the employer.
- optional termination (force major)
-Termination at Employer’s convenience
Immediate termination on
Bankruptcy and bribery

Question 4

What are the Employer’s risks ( Excluded in works insurance)

Answer 4

Under subclause 20.4
-War / Hostility / Invocation/rots
-Presser valves
-radiation action and chemical nuclear fuels
-Loss of damages due to occupation
-Damages due to extent of the Design
-Force of Nature ( Tsunami)

Question 5

What are the Varied works

Answer 5

17.1 Seeting out Errors
20.3 Employers Risk
31.2 Facilities to other contractors
49.3 Remading defects
65.3 Specisl risk (damages)

Question 6

Variations

Answer 6

51.1 Variations
5.2 Priority of the documents
7.1 supplementary drawings and Instructions
13.1 Works to be in accordance with Engineer
18.1 Boreholes and expository excavations

Question 7

Can you explain the provision of Suspension of Works as per your contract?

Answer 7

Under clause 40.1
-Breach of contract
-Due to climatic conditions
-Necessary for the proper execution of the works Saftry of the Works.

• If the suspension last more than 84 days contractor can give notice within 28 to proceed with the works.
  -If not granted terminate the Contract as DEFAULT of Employer.

Question 8

What are the delay analysis methods used in the industry?

Answer 8

Impacted VS as Planed Analysis
Time impact analysis
Window analysis
Planed Vs Asbuilt analysis
Retrospect long path analysis
collapse asbuilt analysis

Question 9

What is Time at large

Answer 9

NO provision in the contract for duration or No provision for EOT

Question 10

What are the Heading of suspension claimes

Answer 10

Demobalisin Labor
Demobalising Plant
Ideal manpower
cost of protection of works
Cost of the left materials

Question 11

What is a TIme bar

Answer 11

The strict deadline which either party relay on the contractual notice only.
-TO alert the Employer / Engineer.
-Emanble Employer take appropriate actions to manage and Mitigate additional cost.
-Allow to check the contemporary record and swiftly evaluate the claim .