Presentation and Content of a Contractors Delay Claim
- Cover sheet
A Delay Claims should be presented in a bound volume. Spiral bond is preferred for submission as this limits the risk of lost or misplaced contents. The Cover sheet should state the Project Name together with Claim Reference Number and Title. A Reference number is useful where there are a number of claims of a similar nature on a single project. A concise Cover Sheet complete with contents page gives the claim a professional a professional appearance. In the event that the Claim is large and involves more than one bound volume the Volumes should also be stated for ease of reference. All pages in each claim should be consecutively numbered to prevent tampering. It is recommended to use a page numbering stamp for this as many pages will comprise copies of relevant documents and will not be necessarily reproduced specifically for the claim document.
- Executive Summary
The executive summary is basically presented in two parts. The first is a Project Overview which presents a clear summary of all key documents and requirements of the Project comprising the following:
Contract Reference or No.
Contract Administrators Name
Contract Standard Form
List of Contract Document
Original Date for Completion
Defects Liability Period
The second part should be a short and concise overview of the nature of the claim and why the other party or administrator should be obligated to grant the Contractor his entitlement as stated in the Claim. This summary should be a page or less and should be followed by a List of Each Separate Claim if the delay claim involves more than one relevant event or is a claim combining time and cost.
- The Actual Claim Analysis
Typically, a delay claim will be comprised of a number of individual or associated events which should be addressed under separate heads of claim. Each head will require separate analysis of the basis for delay entitlement and the similarly calculation of the Contractors entitlement for recovery of prolongation and associated costs being sought. The main body of the claim document should include a separate section for each individual head of claim.
The analysis for each head of claim should include the following:
A. Head of Claim Title, together with unique reference number.
B. Summary of Claim, which briefly describes the basis for the claim, the delays incurred due to the event and the costs being sought.
C. Underlying Facts, provides a brief summary of the relevant facts that support the delay claim
D. Entitlement Analysis, this section should include the rationale behind the Contractors contentions that the Contract, including the plans and specifications, allows for the extension to the time for completion being sought. Additionally, this section should set forth an analysis that applies the relevant facts to the contract provisions and any other legal basis for prevailing on the claim.
E. Delay Analysis, this section should provide the Contractors presentation of the delays which have been incurred as a result of the relevant events. The analysis need to take account of relationships between the works items and any concurrent delays. It is normally presented against the baseline programme and either using project management programmes but this is not always essential.
F. Quantum Calculation, here the Contractor sets forth exact amount of the additional costs that are being sought supported by clear calculations and supporting information including accounts and legal rationale. This section may also include sub-contractors entitlements where applicable.
G. Factual Support for Delay Claim, this section should list all the relevant documents that support the Contractors claim such as:
- Contract Provisions That Support Entitlement and Quantum Calculation;
- The relevant contract provisions should be set forth in this section;
- Chronology of Events and Correspondence – In a table format, the key date and then a description of what occurred on that date should be set forth. Key dates should, at a minimum, include: (a) when the relevant event was discovered, (b) when the relevant event was reported, (c) when the delay started, and (d) when the delay ended.
- List of documents relating to the claim – In this section list all the documents that support the claim. The documents should include: (i) specifications, (ii) drawings, (iii) relevant correspondence, (iv) clarifications and requests for information schedules, (v) change order and RFI logs, (vi) photographs, (vii) programmes, and (viii) any other relevant documents.
H. Attachments, each head of claim should be supported by separate copies of the relevant specifications, drawings, clarifications/requests for information, schedules, job diaries, RFI change order logs, submittal logs, correspondence and similar documentation.