The Essential Elements of a Successful Claim - Construction Claims and Responses: Effective Writing and Presentation - page 74

send to the Engineer a fully detailed claim which includes full
supporting particulars of the basis of the claim and of the exten-
sion of time and/or additional payment claimed. '
b. The requirement to give notice of entitlement to an extension of
time and to describe the event giving rise to the claim within 28
days of the event is a condition precedent to the Contractor's
entitlement. The Contractor is also obliged to submit a fully-
detailed claim of the extension of time claimed within 42 days
of the event.
c. The Contractor submitted a notice of claim on 15 February 2010 5
which is within the 28-day period prescribed in the Contract. The
submission contained herein comprises the detailed claim and
supporting particulars thereby satisfying the provisions of this
sub - clause.
d. The Contractor has therefore complied with the Conditions of this
sub-clause and is consequently entitled to an extension of the
Time for Completion until 6 August 2010.
5. Conclusion
a. The following is a summary of the Contractor ' s entitlement as
discussed in this section:
i. The Contractor is entitled under the Contract to an extension
to the Time for Completion for delay, impediment or preven-
tion caused by or attributable to the Employer's other contrac-
tors on the Site.
ii. Due to the circumstances entitling the Contractor to an exten-
sion of the Time for Completion, the Contractor is also enti-
tled, pursuant to both the Contract and common law, to
additional payment for the costs incurred as a result of the
additional time he has been obliged to remain on site. The
Contractor's claim in this respect will be submitted by way
of a separate claim.
iii. The Employer is not entitled to the payment of delay damages
by the Contractor.
iv. The Contractor has complied with the conditions precedent
to entitlement.
5 Exhibit 5 - BBO Construction letter reference BBOC/P9921/L0987, dated 15/02/10
The above narrative now comprises a robust claim which contains the
essential elements of Cause, Effect, Entitlement, and Substantiation
(CEES). Whilst the principles discussed here contain the essential ele-
ments of the claim, there are also several other issues that need to be
addressed to provide a complete claim document and to make the review-