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What is a Claim?
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Basically, a claim is a legal entitlement to recover damages (money) caused by a failure of your contracting party under the following heads; 1. Recovery of Damages caused by a Breach of Contract 2. Entitlement to monies pursuant to the contract. |
| What is an Extension of Time? | Generally, extensions of time for the relevant contract completion dates are granted by the Employer, if culpable, in order to preserve the Employer's rights & remedies under the contract. The EoT has to be agreed with the Contractor and should be reasonable. However, the Contractor has no automatic right to recover any associated costs. It all depends on the contract terms & conditions. |
| What are Liquidated & Ascertained Damages? | LADs are normally a genuine pre-estimate of the damages the Employer is likely to suffer in the event of the Contractor's non-performance of the contract. Usually related to the Employer's loss of income due to delay (DLDs) and insufficient design (PLDs). |
| How much will the claim preparation cost? | Most claims depend on the quality of the records to be used as evidence. Inadequately drafted claim submissions can prejudice a good case and lead to wasted expense and duplication of costs. The Byron Partnership uses a phased approach to proceedings with clearly set targets for achievement. These phases can be priced separately at the outset so that budgets can be agreed and decisions taken at the end of each phase. |
| How long will the Dispute Resolution take? | Dispute Resolution Processes can take anywhere from a few weeks up to a few years. It all depends on the willingness of the parties to compromise a settlement. The Byron Partnership uses a phased approach to the proceedings with clearly set targets for achievement. These phases can predict the likely timescales involved in the Dispute Resolution Process. |
| Most arbitrators prefer to appoint the experts, if it's deemed necessary, in order to assist the court with information. However, experts may be needed to identify and prepare claims and counter-claims from the project records. |
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| What is Alternative Dispute Resolution? | Sometimes referred to as Mediation, Alternative Dispute Resolution can be a useful way to quickly settle disputes and minimise costs. Especially if the issue in dispute is clear and the parties are willing to compromise. |
| What is Adjudication? | The Adjudicator usually sits alone in judgment of the dispute and the decisions can be binding on the parties. However, the justice meted out may seem rough and ready and can lead to appeals. |
| What is Arbitration? | Arbitration is usually stipulated in the contract as the forum for the parties to settle any outstanding disputes that cannot be compromised. In complex and high value cases the Arbitrators are very often made up from the ranks of leading counsel in the field of construction law and so can give the perception that the arrangement is a High Court by another name. It can induce parties to thaw frozen relations and compromise the claims. Its also a private process that is not reported. Parties can select the judges and the venues. Decisions are binding and generally without appeal. In some jurisdictions, the rules of evidence are at similar levels to High Court requirements. The arbitral awards are not enforceable by the Arbitrators, only by the High Court. generally, courts do not interfere with Arbitrators decisions but this is not true of all jurisdictions. |