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Can a Client Ask a Contractor to Give Money Back on their construction project?

28/12/2018

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Image courtesy of Sira Anamwong at FreeDigitalPhotos.net
"Nobody wants to give money back. But, we cannot be expected to be paid for work we have not done. We also cannot be expected to pay back money rightfully ours."
Contractors are usually quick to submit variation claims to the client asking for additional time and/or money. These construction claims are a result of changes and additions that the client has made to the construction works, or because the project conditions which could have been expected on the project are different (more adverse) than those actually encountered.
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But, sometimes the client makes changes, or there are other events, which could shorten the time the contractor takes to complete the project, or which reduces the contractor’s costs. Very few contractors voluntarily offer to provide a negative variation to the client - one which reduces the project cost or the time to complete the project. Should the client request a price or time reduction this is often met with indignation by the contractor.

​When Can Clients Ask for Money Back from the Contractor?

Clients can ask for money back, and in some cases even a reduction in the construction duration when:
  1. The client has reduced the scope of the construction works from that which is in the contract document. Although, it should be noted that the client can’t remove the scope from the contract for the sole purpose of giving it to another contractor who has offered to do the work at a lower price. Nevertheless, in certain cases, the client can remove work for budgetary purposes, when planning permissions aren’t received, or because the item is no longer required.
  2. The client changes the specifications to a lesser specification.
  3. The client specifies a different item or product which is cheaper than the original items included in the contract.
However, in many cases, depending on the terms of the contract, contractors could be entitled to claim the loss of profit on the removed items, or on the difference between the cost of the original item and the new, lesser cost of the replacement items. It should also be noted that in all of the above cases if the contractor has already procured items which are now changed they would be entitled to claim the cost of the procured items, or when the items can be returned to the supplier for a refund, then all the costs of handling the item. They could also be entitled to claim their subcontractors’ costs associated with the above.
Clients can also claim money back from the contractor when:
  1. The contractor isn’t able to attain the required quality standards and specifications and the contractor has negotiated a lower rate with the client for accepting the reduced specifications.
  2. The contractor omitted an item and the client is happy to accept the omission on condition they are reimbursed the cost.
  3. The client has provided materials or resources to the contractor which the contractor should have provided. However, usually the contractor should have been provided sufficient notice that the client will supply people, equipment or materials. Such supply should be generally provided when the contractor is in trouble and needs help to complete the work on time. Supply of materials which the contractor should have supplied in terms of the contract by the client should not be done because the client is able to procure the items cheaper elsewhere. 
  4. The contractor has failed to rectify a deficiency as directed by the client and the client has had to employ another contractor to rectify the deficient item.
  5. The contract price was based on a re-measurable schedule (bill of quantities) and the final measurements are less than the quantities originally priced. The contractor is only due payment on the actual final quantities as measured from the construction drawings.
It should be noted that in all cases the contractor should be charged a fair price and the contractor is entitled to request a breakdown of the charges and costs.

​When Can’t a Client Ask for Money Back from their contractor?

It is important to note that the client can’t ask the contractor for money back if:
  1. The project has experienced better weather conditions than normal which have enabled the contractor to complete construction in a shorter time.
  2. The contractor completed the project quicker because their resources were more productive, they used innovative construction methods and techniques, or even just because the construction schedule had more time in it than was required.
  3. The contractor encountered better ground conditions or fewer interruptions to their work than was anticipated when they priced the construction project.
  4. The contractor required fewer resources to complete the construction work than was envisaged when they priced the project – unless the basis of the contract is that the contractor is being paid according to the actual resources that they are using on the project.

Contractors cannot expect payment for work they have not done

None of us likes giving money back. However, as a contractor I prefer offering a negative variation before the client finds that they are entitled to money back. Preparing the variation means that I’m in control and it’s not left up to my client to do the calculations. Voluntarily giving money back establishes our credibility. Invariably the client will eventually find out that the contractor owes them money. When they do uncover the item they’ll think that the contractor has been deliberately dishonest claiming for work that they haven’t done. In addition, when the client calculates the money due to them they’ll often calculate that there is more money due than if the contractor had done the calculation first and then the contractor will have difficulty negotiating the value down.
Avoiding disputes on your construction project.
An introduction to construction variation claims for construction project managers video 12 - Negative Variation Claims
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"Practical construction management books."
​This article was first published on the ClockShark website. Please share this post
To read more about the author’s books and find out where you can purchase them visit the pages on this website by clicking the links below:
  • '​Successful Construction Project Management: The Practical Guide'
  • 'Building a Successful Construction Company: The Practical Guide'
  • 'Construction Claims: A Short Guide for Contractors'
  • 'Construction Project Management: Tips and Insights'
  • ​'Construction Management: From Project Concept to Completion'
  • and 'Build and Renovate Your Home With Your Eyes Wide Open'
'Construction Book reviews'
To read more about the author visit the page 'Paul Netscher'
Want to contact Paul Netscher please enter your details on 'Contacts'
Find out how Paul Netscher can help you
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An introduction to construction variation claims for construction project managers video 13 - Claims by Subcontractors against Contractors

23/12/2018

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An introduction to construction claims for construction project managers
Video 13 - Claims by subcontractors against the contractor
Just as contractors can lodge variation claims against their clients, so to can subcontractors submit variation claims to contractors. Watch this video to learn more, and how you can avoid these claims.
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Information in this video is from the author's easy to read books: 'Construction Claims: A Short Guide for Contractors' and 'Successful Construction Project Management: The Practical Guide' and 'Building a Successful Construction Company: The Practical Guide'. All available from Amazon in paper or ebook.
Next week watch video 14 - The Contract Document - The Rules of the Project
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When Contractors Can’t Claim a Delay From Their Client on Construction Projects

20/12/2018

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Image courtesy of sdmania at FreeDigitalPhotos.net
In a previous article (Can I Claim for Additional Time on My Construction Project?) I discussed reasons that contractors can claim a delay variation on their construction project. Unfortunately, some contractors submit delay claims to which they aren’t entitled. This may be because they don’t understand the construction contract document or the basics of construction variation claims. Regrettably, some contractors are just serial claimants, claiming for anything and everything, while many submit delay claims in a desperate effort to claw back time and money which has been lost because of their poor management, and blunders that were made in planning and managing the construction project.

​#constructionlaw #constructionmanagement #constructionclaims #contractors
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​​Submitting construction delay claims which have no sound basis or justification is detrimental.

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  1. The contractor has wasted their time preparing the claim, time which could have been better spent on managing the project, or on claims which have more chance of success.
  2. The client has to waste their time to review and reject the delay claim. This causes them to become irritated by the contractor. An irritated client may:
    1. Make life difficult for the contractor on the project. We’ve all had difficult clients!
    2. Refuse to employ the contractor on another project.
    3. Lodge counterclaims against the contractor.
  3. Sometimes the contractor is so desperate to pursue the delay claim that they may even declare a dispute, possibly incurring additional costs to engage a legal defence.
  4. Inevitably contractors will have a legitimate cause to submit a delay claim on the project, but the client that has already received a number of spurious variation claims from the contractor will be less inclined to accept the legitimate claim, often requiring the contractor to submit numerous supporting documents. In some cases, they may even reject the claim based on the numerous other spurious claims the contractor has submitted. This inevitably results in both the contractor and the client incurring additional costs to resolve the dispute over the legitimate delay claim.
  5. Clients don’t want to work with contractors that have a reputation for submitting numerous bogus claims.
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​When Are Contractors Not Entitled to Submit a Construction Delay Claim?

It is important to note that construction contract documents do vary, so it is always essential to understand what your construction contract document says. But here are some general principles.

Contractors aren’t entitled to claim a delay, or for an extension of time when:
  1. The delay is due to the contractor’s actions (or lack of action) which were caused by their poor performance or lack of project management. They also can’t claim for faults caused by their subcontractors and suppliers. Sure, they may have a reason to claim against the supplier or subcontractor for their non-performance but not against the client.
  2. Work is interrupted by normal weather events. For example; if the project is executed in the rainy season then the contractor is usually expected to allow for the normal (average) rainfall that would occur in that month, or in winter they may have to expect snow and winter storms. (Again as stated above, some contractors may have had the foresight to ensure that in the contract document all weather events are claimable.)
  3. The delay doesn’t impact items on the critical path. The critical path is the sequence of connected activities on the construction schedule where a delay to one of these activities will cause the following activities to be delayed, ultimately causing the project to be finished late. So as an example; a contractor is constructing a new house and the work also includes installing a new fence around the property. Now, the contractor may have indicated on their construction schedule that they intended to install the new fence at the start of the work, which would help them secure the project site. But, if the client doesn’t give the contractor the details for the fence on day one it doesn’t prevent the contractor from proceeding with the construction of the house. Sure, the contractor may have to take other measures to secure the property, such as erecting a temporary fence around the work area. If the contractor has stipulated in the contract that they required details of the new property fence early so that they can erect this fence to secure the work area they may have reason to claim for the additional cost of the temporary fence, but, they certainly can’t claim for a delay to the project, unless the details for the new fence are received so late, near the end of the project, that the fence cannot be completed before all of the other construction activities related to the house have been completed, and the contractor has to remain longer on the project to install the new fence and the items immediately associated with the fence installation (such as maybe the final landscaping). Obviously, using the same example above, the roof of the house is on the critical path to completing the house, since none of the internal fit outs and finishes can be completed without the roof. So, if the information required to construct the roof is received late then this will delay the completion of the house.
  4. The client issues an instruction for the contractor to stop construction work for reasons related to the contractor’s actions, which could include; the contractor is working unsafely, they don’t have the required permits which the contractor was supposed to arrange, the contractor hasn’t completed the required quality tests, or that their work was defective.
  5. The contractor has to redo their defective work.
  6. The construction drawings or design information from the contractor’s team is late (unless the reason for this lateness is because the client unreasonably delayed approving the information, or the client made late changes to their requirements which caused the contractor’s designers to suffer a delay).
  7. The contractor encountered project conditions which they hadn’t allowed for, but it was reasonable for them to have anticipated these conditions. So, for instance, the construction work could be slowed down because they have to excavate in rock. However, if the rock was visible on the ground surface when the contractor priced the project, or it was mentioned in the geological report made available to the contractor when they priced the project, or could be seen in open excavations or bores, or which was visible on neighbouring properties, then the contractor should have allowed for excavating in rock in the construction schedule.
  8. The contractor implemented safe working conditions which are a requirement by the authorities or are conditions specified in the contract document, or which are the normal safe working conditions for the construction industry.
  9. Time is lost when carrying out quality tests and inspections as required in the contract documents, or which are the standard requirements in the construction industry in that region.
  10. The contractor loses time due to work disruptions and strikes caused by their employees, or the employees of their subcontractors or suppliers.
  11. There are errors and omissions on construction drawings prepared by the contractor’s designers. The contractor can claim against their own designers, but not against the client, even if the client has reviewed and approved the drawing.
  12. The contractor misunderstood the construction schedule, or the construction schedule was flawed.
  13. Changes to legislation are made, where the proposed changes were known when the contractor priced the project. As an example; if a new national or state public holiday was declared before the contractor submitted their price then the contractor would have known to add in the additional day into the construction schedule.
  14. For long lead items, the client wasn’t aware that the contractor required an extended period of manufacture and procure the item. For example, the contractor might require nine weeks to manufacture a specialist window, but then the client needs to be made aware that the information for this window is required nine weeks ahead of when the window is scheduled to be installed. The contractor cannot claim the information was late if the client issued details for the window four weeks before it had to be installed and they had never been informed by the contractor that the details were required nine weeks in advance. For this reason, it is good practice that with the construction schedule the contractor also supplies the client an information required schedule which lists when construction information is required from the client. Of course, the lead times for when information is required should be reasonable and not there to simply try and trip the client up.
  15. The client increases the scope of work and the increased scope can be executed within the contract period and without impacting the critical path activities of the original works. Sure, the contractor may have to bring on additional resources for which they can claim mobilisation and demobilisation costs, but they cannot claim for delays to the project.
  16. The contractor damages a utility line they should have known was present (it was indicated on drawings) or where they have to move a known utility line (unless moving this line wasn’t in their scope of works).
  17. The client’s activities and operations delay the contractor, but these operations and activities were clearly outlined in the contract document. These could include restrictions on working hours and security checks to enter the project site.
  18. The contractor wrongfully assumed something on a drawing when the information wasn’t provided or wasn’t clear, which resulted in the contractor having to redo work. If anything is unclear the contractor has a duty to raise a question to clarify the item. The time taken to resolve the issue may be reason to claim additional time.
  19. The contractor has to repair damage caused to the work by the weather.
  20. The client changes specifications to items but the materials can still arrive before they are required.
  21. Construction permits and permissions which the contractor is supposed to arrange haven’t been received (unless the contractor can prove the reason is due to the client not fulfilling their obligations, or they can prove that they’ve done everything timeously and within their power to obtain the permits which are now being unreasonably withheld for reasons beyond their control).
"The overlapping portion of two delays can only be claimed once."
​In addition, there is often more than one delay on a project. Sometimes these delays overlap, or are concurrent. The overlapping portion of two delays can only be claimed once. However, the concurrency of delays can become a complicated issue and often depends on whose fault the first delay is as to what portion of the second overlapping delay can be claimed. But this is a topic best left to the experts, or another article.

Understand your contractual rights

"Frivolous and spurious delay claims are a waste of time, they are an irritant to clients"
Frivolous and spurious delay claims are a waste of time, they are an irritant to clients and they can impact the integrity and reputation of contractors. Contractors must understand the contract document, the construction schedule and general contractual procedures.

If you are not sure about a contractual issue ask for expert advice. Wise up to your contractual rights. My book: ‘Construction Claims: A Short Guide for Contractors’ provides some useful guidance, as do many other similar books.

​#constructiondelayclaims #constructiondelays #changeordermanagement
​This article was first published on the ClockShark website.

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© 2018 This article is not to be reproduced for commercial purposes without written permission from the author.
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This article is compiled from information in Paul Netscher's book 'Construction Claims A Short Guide For Contractors' ​
"An excellent, concise and very practical guide to successful claims process. This is a no nonsense approach that gets on with it." Review Amazon UK

Do you want to learn how to manage construction projects successfully

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To read more about the author’s books and find out where you can purchase them visit the pages on this website by clicking the links below:
  • '​Successful Construction Project Management: The Practical Guide'
  • 'Building a Successful Construction Company: The Practical Guide'
  • 'Construction Claims: A Short Guide for Contractors'
  • 'Construction Project Management: Tips and Insights'
  • ​'Construction Management: From Project Concept to Completion'​
'Construction Book reviews'
To read more about the author visit the page 'Paul Netscher'
Want to contact Paul Netscher please enter your details on 'Contacts'
Find out how Paul Netscher can help you
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An introduction to construction variation claims for construction project managers video 12 - Negative Variation Claims

16/12/2018

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An introduction to construction claims for project managers
video 12 - Negative variation claims
Contractors hate giving money back, but not all construction variation claims are positive and sometimes contractors may be required to give money back to the client. Learn when and why, as well as when the contractor doesn't have to give money back.
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​Information in this video is from the author's easy to read books: 'Construction Claims: A Short Guide for Contractors' and 'Successful Construction Project Management: The Practical Guide' and 'Building a Successful Construction Company: The Practical Guide'. All available from Amazon in paper or ebook.
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Is Your Project Ready For Winter?

13/12/2018

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With the short days and long nights, it’s not hard to tell that winter is upon us. Weather conditions have rapidly gotten harsher and even the simplest tasks have seemed more difficult. Many projects will see snow and some will get rain. Winter is in full swing. Is your project ready for the season? 

During poor weather, production may be slowed, or even have to stop for safety reasons. Materials can’t be lifted in high winds. Workers have to take more frequent rest breaks when working at extreme temperatures and their movement could be hampered by cold weather or rain clothes. Concrete could take longer to set and reach sufficient strength to strip forms.

Rain slows and even stops production. Storm-water can flood excavations, damaging equipment, causing excavations to collapse and generally delay construction work. Rain can penetrate partly completed buildings damaging finishes and equipment. Storm-water flowing from the project can erode away neighbouring properties, or deposit silt or contaminated material from your project site onto neighbouring properties.

Preparing your project for winter.
There is much to be done on projects while the weather is still good.
  1. Make your project weather-tight. For those on building projects, your aim should be to get your building weather-tight, which will allow work to continue inside even while temperatures outside plummet. Working additional hours now to ensure your building is weather-tight could be well worth the additional costs.
  2. Complete all groundwork before the onset of poor weather.
  3. Check storm-water drains and gutters before the onset of wet weather. Often construction debris blocks storm-water drains. Sometimes drains are damaged by construction work or connections aren’t done properly. While the weather is still good clean and test drains and gutters to ensure there aren’t blockages and that they are all functioning. Blocked drains can lead to flooding and property damage. Nobody wants to go outside in a fierce winter storm to fix a problem that should have been sorted when the weather was still good.
  4. Ensure that there’s sufficient stock of wet weather and cold weather gear. Unfortunately, your team often has to work in wet and cold conditions. Without the right gear, your project will lose productivity and time.
  5. It could be prudent to have a stock of weatherproof coverings and tarpaulins available to protect unfinished work. It may even be advisable to have water pumps (with sufficient pipes) available in case excavations and basements become flooded.
  6. The sun is rising later and setting earlier, with less daylight to work in. Consider reducing working hours to fit the new daylight hours. Otherwise, check that there’s sufficient lighting to enable work to safely proceed.
  7. Check the site access roads to ensure they will be accessible even in the worst weather.
  8. Review hazard assessments to ensure that they take account of the changed weather conditions. Hold tool-box meetings (tailgate, pre-start or safety meetings) to discuss the new risks with your crews.
  9. Check that all materials are stored in such a way that they won’t be damaged by unfavourable weather.
  10. In areas prone to severe winter storms, allocate someone to regularly monitor weather warnings. Sometimes, even a few hours warning could provide sufficient time to lock the project down, ensuring materials and equipment are safely stowed away, new work is protected and workers are safely out of harm’s way.
  11. Remember, bad weather can sometimes close transport routes for days, so ensure there is always sufficient stock of critical materials such as fuel. You don’t want your crew standing around because of a shortage of materials.
  12. Ensure that the project records all weather events which could be the reason for a delay claim. It’s difficult to ask for an extension of time because of poor weather if you don’t have all the facts and figures that contributed to the delay. It’s important to maintain accurate weather records.
  13. Check that your construction schedule has allowed slack for the anticipated poor weather of the next few months. It may pay to try and get ahead of the schedule while the weather allows, especially items that’ll be impacted by poor winter weather.
  14. Check that water pipes are protected from freezing
  15. Ensure that all equipment is ready for the cold weather, and check that there’s stock of snow chains for tires if they’re required.
Note, that even weather events far from the project could cause delays by blocking transport routes and preventing materials reaching the project. Work in offsite facilities could be impacted by poor weather at these locations.

Milder climates
Of course, some states are fortunate to have milder climates without rain and freezing temperatures. These cooler dry days offer opportunities to maximise productivity and progress. Ensure your crews make the most of the good weather.

Conclusion

....Continue Reading.....
This article was first published on the ClockShark website. To visit this website and continue reading the article click on the link above.
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To read more about the author’s books and find out where you can purchase them visit the pages on this website by clicking the links below:
  • '​Successful Construction Project Management: The Practical Guide'
  • 'Building a Successful Construction Company: The Practical Guide'
  • 'Construction Claims: A Short Guide for Contractors'
  • 'Construction Project Management: Tips and Insights'
  • ​'Construction Management: From Project Concept to Completion'
  • and 'Build and Renovate Your Home With Your Eyes Wide Open'
'Construction Book reviews'
To read more about the author visit the page 'Paul Netscher'
Want to contact Paul Netscher please enter your details on 'Contacts'
Find out how Paul Netscher can help you
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An introduction to construction variation claims for construction project managers video 11 - When you should submit a variation claim

9/12/2018

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An introduction to construction variation claims. Video 11 - reasons to submit a variation claim.
​Apart from delay claims or extension of time claims discussed in video 6, often contractors suffer additional costs which they couldn’t have foreseen or allowed for when they priced the project.
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​Information in this video is from the author's easy to read books: 'Construction Claims: A Short Guide for Contractors' and 'Successful Construction Project Management: The Practical Guide' and 'Building a Successful Construction Company: The Practical Guide'. All available from Amazon in paper or ebook.
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Can I Claim for Additional Time on My Construction Project?

6/12/2018

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"Learn all about variation claims and change orders in this simple practical guide to variation claims."
​All too often, construction projects are finished late. Usually, the contractor is blamed. Contractors inevitably lose money because they are on the project longer than they planned to be. In addition, they are often penalised by the client for finishing late. But, is it always the contractor’s fault?

Many of the delays experienced on a construction project are due to circumstances beyond the contractor’s control, which means that the contractor could have claimed an extension of time, usually including the additional costs that they incurred as a result of the delay. So why don’t contractors claim for these delays?
The impacts of not completing your construction project on time

Why contractors do not claim for delays

​Unfortunately, contractors often fail to submit delay claims because:
  1. They are so focused on doing the work that they don’t recognise when they have been delayed by circumstances which they could not have reasonably allowed for.
  2. They don’t understand their contractual rights in terms of the contract.
  3. They don’t understand the construction schedule and the impact that the delay will have on the project completion.
  4. They believe that the delay won’t be a problem and that they’ll catch up the lost time.
  5. They don’t want to upset the client by submitting a delay claim. Many of these delays occur early in the project, sometimes even before work on the project has begun and contractors are often embarrassed to be submitting a delay claim so early in the project.
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"Many construction projects are delayed by the client or unforeseen events."

Early notification of construction delays is important

​It is vital to notify the client immediately when a delay occurs. Not only can the client sometimes take steps to minimise the delay by rectifying the situation, but they also have the option of requesting the contractor to accelerate the work to catch up the lost time, or they can implement steps to avoid delay on their following activities.

Contractors must understand the contract

​Contractors must learn to be more focused on the contractual issues as well as the construction work. Those who don’t understand their contractual rights will run into trouble, costing them money which could ultimately sink their company. The contract document is there to protect the client’s rights as well as the contractor’s rights, and no client can object to a contractor’s legitimate delay claim. Indeed, in the course of my career, I’ve been involved in over 120 projects for a multitude of different clients and many of these construction projects have involved variation and delay claims. Almost every one of these claims was settled amicably, even though some involved substantial increases to both the value and the time of the project. In nearly every case we went on to do further projects with the client.
Should construction project managers take the lead with variation claims?
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"Contractors must understand their construction contracts."

Delay claims must be proven

​Of course, it is important that every delay claim is backed up by sound logic and information.

Regrettably, some contractors only focus on submitting claims, often variation claims which are only desperate attempts to claw back time and money that has been lost due to their own mistakes. Many of these variation claims or change orders have no sound basis and are a waste of the contractor’s and the client’s time. In my next article, I’ll discuss some reasons the contractor can’t claim a delay for. ​​How to Make your Construction Change Order Claims Successful

When Can Contractors Claim for Additional Time?

Contractors can claim for additional time when:
  1. The client increases the scope of work on the project.
  2. The client issues instructions to the contractor to stop work for reasons unrelated to the contractor. Or, when the contractor can prove that the client wrongfully stopped them working because the client claimed the contractor had not fulfilled certain responsibilities.
  3. The client’s team provided construction information late to the contractor.
  4. The contractor received access to a work area late.
  5. The work area given to the contractor was not in accordance with the contract or the drawings. For instance, the area may not have met the correct specifications, dimensions or levels.
  6. The client changes specifications to an item so that the item has to be reordered which causes a delay, or that the item with the newer specification takes longer to manufacture.
  7. The client’s activities delay the contractor. This could be that the client’s contractors have not completed tasks required by the contractor to proceed, or the client’s operations impede the contractor’s work.
  8. The client unnecessarily withholds approvals of the contractor’s designs, drawings or completed items.
  9. The client demanded additional tests and inspections which weren’t in the contract document and which aren’t the norm in the construction industry.
  10. The client demanded additional safety measures which weren’t stipulated in the contract document and which are above the normal requirements for the industry.
  11. The client’s team issues drawings which have errors or omissions which results in the contractor being unable to carry out their work, or which caused the contractor to construct an item incorrectly which then has to be redone.
  12. There were unforeseen site conditions which delay the contractor. These conditions could include:
    1. Existing unknown services and utilities, such as; gas lines, electrical cables, water pipes, data cables, etc. which have to be moved or protected.
    2. Different soil conditions such as rock and clay.
    3. Encountering hazardous materials.
    4. Discovering of archaeological artefacts.
    5. Uncovering buried building rubble.
  13. There are extreme weather events in excess of what could be expected for that location at that time of the year.
  14. Items that were specifically excluded in the contract, possibly such as, normal expected weather or hurricanes and tornadoes, occur.
  15. Changes in legislation.
  16. National strikes, work stoppages or disruptions which stops the contractor’s work, or impacts their suppliers or subcontractors.
  17. Disruptions caused to the contractor’s work by the client’s workers embarking on industrial actions such as work stoppages.
  18. Client supplied materials or equipment arriving late, or where these aren’t fit for purpose.
  19. Drawing coordination problems where the drawings supplied by the client’s team don’t agree. For instance the engineer’s drawing doesn’t allow for the requirements on the mechanical or the architect’s drawings.
  20. The client failing to obtain the statutory permits and authorisations that they are responsible to obtain.
  21. The client’s team doesn’t immediately respond to the contractor’s queries, where these queries directly impede the contractor’s progress on the project.
  22. The client doesn’t supply facilities or utilities in the quantity, or time, that they were required.
  23. The client revises drawings which causes the contractor to redo work already completed.
  24. The client changes the sequence on the construction schedule which impacts progress on the critical path.
  25. The client failed to relocate a service or utility line which they were supposed to move and this prevents the contractor from working.
  26. The client (or the client’s contractors) damages the works which has to be repaired by the contractor.
Of course, sometimes you can’t claim for some of these events. For instance, if they don’t impact progress on the construction schedule’s critical path. Read my next article: When you can’t claim for a delay.
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"Get more practical construction management tips and insights."

Know your rights when construction delays are not your fault

It is important that contractors understand the construction schedule and the contract document. Contractors should immediately notify the client when a delay event occurs so that the delay can be minimised. In fact, where ever possible remind the client ahead of time when information and access is required, or when you foresee a potential problem. Review construction drawings early to ensure that they have all the required information for construction. Be proactive to where ever possible limit delay claims. How to avoid construction disputes
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Don’t get beaten up for completing a construction project late when the delay wasn’t your fault, or it was caused by something you could not have reasonably expected, or avoided.
If you are not sure about a contractual issue ask for expert advice. Wise up to your contractual rights. My book: ‘Construction Claims: A Short Guide for Contractors’ provides some useful guidance, as do many other similar books.
Is your project being delayed by circumstances outside your control?
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An introduction to construction variation claims for construction project managers video 10 - Disruption claims

2/12/2018

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An introduction to construction variation claims for construction project managers.
Video 10 - Disruption Claims
​What is a disruption claim? Learn more....
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​Information in this video is from the author's easy to read books: 'Construction Claims: A Short Guide for Contractors' and 'Successful Construction Project Management: The Practical Guide' and 'Building a Successful Construction Company: The Practical Guide'. All available from Amazon in paper or ebook.
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