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Construction Law/Cause and Effect Evidential Links in Global Claims

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Question
QUESTION: Hi John,

I am looking for some practical guidance on how to develop cause and effect evidence through project actual data/ records for those time period(s) when delays or time to time disruption took place. Any standard forms or actual project example that can demonstrate linkage to delays or disruptions periods for equipment / labour hours and damages costs demonstrate  it to the Employer and Engineer our entitlement. And, especially where the claims are complex and of a global nature any forms which can be used to demonstrate measure mile approach.

Regards
A. Majid

ANSWER: Dear Abdul Majid,

Thank you for this question.

You will be aware that each claim is unique to its relevant facts and, therefore, any published "guidance" is generic in nature. Claims drafting is a skill learned through practice. For this reason books and papers on the subject are limited in number. Many are of USA origin. I suggest that those books are a reasonable starting point and such can be found by performing a Google search.   

An alternative approach would be to engage a consultant, such as myself, to work with you to develop your claims around the available evidence, thereby providing both "on the job" training and a complete claim.


I hope that this assists you.

Kind regards,
John Dowse

Follow me on Twitter: @CernoOrg
For my regular industry newsletter e-mail to info@cerno.org, stating SUBSCRIBE in the subject line

Training and consulting services are available, bespoke to companies and individuals.
John Dowse can be contacted by e-mail to info@cerno.org (When e-mailing, please include “AllExperts” in the subject line.)


---------- FOLLOW-UP ----------

QUESTION: Hi John

I think you are right, demonstration by example is rare to find in books and expert literature. Let me see how things go on our project dispute.
Can you pleas advise what will be your professional fee for complex delay and disruption claims (new airport project).  

Regards
Abdul Majid

Answer
Dear Abdul Majid,

Thank you for this question.

If you e-mail me directly at info@cerno.org, stating All Experts in the subject line, we can have a private dialogue about your needs and my services.

I look forward to hearing from you.




Kind regards,
John Dowse

Follow me on Twitter: @CernoOrg
For my regular industry newsletter e-mail to info@cerno.org, stating SUBSCRIBE in the subject line

Training and consulting services are available, bespoke to companies and individuals.
John Dowse can be contacted by e-mail to info@cerno.org (When e-mailing, please include “AllExperts” in the subject line.)

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John Dowse

Expertise

Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.

Experience

Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Organizations
Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Publications
Various UK and International construction and legal publications.

Education/Credentials
LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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