Civil Engineering Reference
In-Depth Information
In putting together a claim, the contractor or his advisers often paraphrase
parts of such correspondence, site meetings, etc, the better to make their
point. Naturally, the best possible gloss is put on such evidence. However, it
is essential that such paraphrasing is done with complete accuracy. The
recipient of the claim will certainly refer to the original documents and, if it
is found that the paraphrasing represents what the contractor wishes was in
the documents rather than what is actually there, the whole basis of the
claim is compromised. Unfortunately, this scenario is fairly common to a
greater or lesser degree in many claims. Substantial inaccuracies came to
light in a recent adjudication, in which the contractor was claiming nearly
£1,000,000, with disastrous results for the contractor, who recovered
nothing.
9.2.2 Cost records
Ideally, cost records should be capable of pin-pointing the precise cost
effects of particular events, but this is a counsel of perfection, which is rarely
fulfilled. None the less this is the ideal at which to aim and the increasing
use of computers, adequately programmed, should make this task very
much easier. Despite this development, it will still remain the fact that the
adequacy and accuracy of cost records will always ultimately depend upon
the keeping of detailed time-sheets by workpeople and particularly by site
supervisory staff. Currently, time-sheets for manual workers are of a gen-
eral nature, and care should be taken to ensure that they are in such a form
that relevant information to support a particular claim can be readily
abstracted. In the case of a claim arising from a variation, for example,
supervisory staff should take care to direct operatives actually carrying
out the work involved to record separately the time actually spent on the
variation work. This applies similarly to those executing work not itself
varied, but nevertheless affected, by the introduction of the variation.
Similar considerations apply to records of plant time, while records of
materials should present no particular problem. The essential point is that
the cost records relied upon should be clearly referable to the particular
disruption or other event.
9.2.3 Programme/progress schedules
Clause 5.3.1.2 of JCT 98 requires the contractor 'within 14 days of any
decision by the Architect' with regard to the completion date under the
contract to provide the architect with two copies of any amendments and
revisions to the master programme to take account of that decision. While
useful for general monitoring purposes, neither the original nor amended
master programme is likely to be sufficient to substantiate a monetary claim
arising from any particular cause of delay or disruption. It is certainly
evidence, however, and should be referred to.
