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Malaysian Construction and Contract Law

A Free Industry Resource Centre

Presentation and Content of a Contractors

Delay Claim

Presentation and Content of a Contractors Delay Claim

1. Cover sheet

A Delay Claims should be presented in a bound volume. Spiral bond is preferred for submission as thlimits the risk of lost or misplaced contents. The Cover sheet should state the Project Name togethwith Claim Reference Number and Title. A Reference number is useful where there are a number claims of a similar nature on a single project. A concise Cover Sheet complete with contents page givethe claim a professional a professional appearance. In the event that the Claim is large and involv

more than one bound volume the Volumes should also be stated for ease of reference. All pages in eacclaim should be consecutively numbered to prevent tampering. It is recommended to use a pagnumbering stamp for this as many pages will comprise copies of relevant documents and will not bnecessarily reproduced specifically for the claim document.

1. Executive Summary

The executive summary is basically presented in two parts. The first is a Project Overview whicpresents a clear summary of all key documents and requirements of the Project comprising thfollowing:

Contract Name

Contract Reference or No.

Employer Name

Contractors Name

Contract Administrators Name

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Contract Standard Form

Contract Amendments

List of Contract Document

Commencement Date

Contract Duration

Original Date for Completion

Defects Liability Period

Contract Value

Project Description

The second part should be a short and concise overview of the nature of the claim and why the otheparty or administrator should be obligated to grant the Contractor his entitlement as stated in thClaim. This summary should be a page or less and should be followed by a List of Each Separate Claimif the delay claim involves more than one relevant event or is a claim combining time and cost.

1. The Actual Claim Analysis

Typically, a delay claim will be comprised of a number of individual or associated events which shou be addressed under separate heads of claim. Each head will require separate analysis of the basis fdelay entitlement and the similarly calculation of the Contractors entitlement for recovery prolongation and associated costs being sought. The main body of the claim document should includa separate section for each individual head of claim.

The analysis for each head of claim should include the following:

A. Head of Claim Title, together with unique reference number.

B. Summary of Claim, which briefly describes the basis for the claim, the delays incurred due to thevent and the costs being sought.

C. Underlying Facts , provides a brief summary of the relevant facts that support the delay claim

D. Entitlement Analysis, this section should include the rationale behind the Contractors contentionthat the Contract, including the plans and specifications, allows for the extension to the time fcompletion being sought. Additionally, this section should set forth an analysis that applies the relevafacts to the contract provisions and any other legal basis for prevailing on the claim.

E. Delay Analysis , this section should provide the Contractors presentation of the delays which hav been incurred as a result of the relevant events. The analysis need to take account of relationshi between the works items and any concurrent delays. It is normally presented against the baselinprogramme and either using project management programmes but this is not always essential.

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F. Quantum Calculation , here the Contractor sets forth exact amount of the additional costs that a being sought supported by clear calculations and supporting information including accounts and legrationale. This section may also include sub-contractors entitlements where applicable.

G. Factual Support for Delay Claim, this section should list all the relevant documents that support thContractors claim such as:

1. Contract Provisions That Support Entitlement and Quantum Calculation;2. The relevant contract provisions should be set forth in this section;3. Chronology of Events and Correspondence – In a table format, the key date and then a descriptio

of what occurred on that date should be set forth. Key dates should, at a minimum, include: (when the relevant event was discovered, (b) when the relevant event was reported, (c) when thdelay started, and (d) when the delay ended.

4. List of documents relating to the claim – In this section list all the documents that support the claimThe documents should include: (i) specifications, (ii) drawings, (iii) relevant correspondence, (ivclarifications and requests for information schedules, (v) change order and RFI logs, (vphotographs, (vii) programmes, and (viii) any other relevant documents.

H. Attachments, each head of claim should be supported by separate copies of the relevanspecifications, drawings, clarifications/requests for information, schedules, job diaries, RFI change ordlogs, submittal logs, correspondence and similar documentation.

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