United Kingdom construction claims: Views of professionals

Scott, S and Harris, R A (2004) United Kingdom construction claims: Views of professionals. Journal of Construction Engineering and Management, 130(5), pp. 734-741. ISSN 0733-9364

Abstract

A novel approach has been used to attempt to understand how contractors justify their claims on construction contracts and how contract administrators are likely to assess them. This is done by encapsulating particular claim types into scenarios and interviewing not only contractors and contract administrators, but also claims consultants, to hear their views on how the situations represented by the scenarios should be resolved. In this paper, four areas of general uncertainty surrounding claims in the United Kingdom are described and the results of the survey on these four areas are reported. The concerns addressed are: the treatment of exceptionally adverse weather; dealing with early completion schedules; quantification of the prolongation costs associated with an approved extension of time; and concurrent delays. The results show some good agreement, particularly on the problems of dealing with exceptionally adverse weather and with some aspects of concurrent delay assessment. Although the consensus was not so clear on the other two issues, there was a majority view that should give professionals working in this area greater confidence when dealing with these problems.

Item Type: Article
Uncontrolled Keywords: claims; contract administration; dispute resolution; UK
Index terms: weather, construction claim, contract administrator, survey, United Kingdom, construction contract, resolution, contract administration, quantification, dispute
Subjects: data collection methods, air quality, contract type, dispute resolution, practitioner, Geography, contract management, conflict resolution, payment, measurement and scaling
Topics: Legal Issues, Contract Administration, Geographical Context, Research Practice, Procurement, Sustainability, Stakeholder Management, Roles and Professions
Descriptive scope: 4 PCEA

N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here