Progressing the claim

The architect or engineer is responsible for administering a contract so as to permit the contractor effectively to execute the works. Such post-contract action includes:

• programming the timely supply of information or instructions in line with the contractor's requirements;
• limiting variations to essential matters;
• giving early sound consideration to requests made by the contractor for additional information or monies;
• having a sound knowledge of progress and events on site; and
• providing a proper and full valuation of variations.

It is also the responsibility of the architect or engineer to instruct on and ensure the sound maintenance of project records of relevant issues, and review of the same, and to chair site progress meetings.

As soon as the architect or engineer becomes aware that the contractor may become entitled to reimbursement of loss or expense, they should review the records that are being kept in order to be sure that they will enable an accurate ascertainment of the loss or expense to be made. If it becomes necessary to instruct the contractor to keep additional records, this instruction should be issued as soon as possible (see Section 4.2.3.4 of the Surveyors' Construction Handbook). Requests for records, or to keep additional records, should be reasonable and relatively easy for the contractor to effect. Instructions for the contractor to collate and analyse information in a complex and time-consuming way could involve the client in additional liabilities.

Correspondence files, etc.

It is a good idea to maintain separate files for each claim issue. Relevant data to be considered may include:

• agreed records: 
  • minutes of site progress meetings;
  • verified site records.
• other records:
  • correspondence;
  • preliminaries breakdown and set against time;
  • progress reports;
  • programmes (initial and reissues of planned progress);
  • 'as built' programmes and 'amended as planned' programmes;
  • architect's/engineer's instructions;
  • site investigations;
  • drawings;
  • site diaries and interviews;
  • histogram of anticipated labour;
  • labour and plant returns;
  • labour rate build-ups;
  • finance director's statement as to the contents,levels and allocation of head office overheads and profit;
  • valuations;
  • extensions of time on related issues (including the basis of the architect's award);
  • related final account items.
• contract documents: 
  • a complete copy of the contract documents.
• claims meetings, etc:
  • all minutes of claim meetings;
  • record of statements from site personnel;
  • all responses by architect/engineer and contractor.
• claim reports:
  • drafts progressed with architect/engineer
  • consultants;
  • copies issued to contractors;
  • final report.
• recommendations to the client.