Key Evidence For Construction Contract Claims

Key Evidence from Pre-Construction Delay

• Design Approval Tracker / Log (Planned Design Submissions Vs. Actual Design Submissions)
• Shop Drawing Approval Tracker / Log (Planned Shop Drawings Submissions Vs. Actual Shop Drawings Submissions)
• NOCs (No Objection Certificates)
• Area Handover Notice (Access Date To Start Construction)

Key Evidence from Actual Construction Delay

• Minutes of Meetings (MOM)
• Resource Histogram (Planned Resource Vs. Actual Resource)
• Progress Monitoring Record (Baseline Vs. Actual Progress)
• Construction Progress Photographs (Date & Time Stamped)
• Construction Site Diary (Record of any delay event)
• Construction Mobilization & Demobilization Record / Log
• Construction Permit Issued Record / Log
• Field Change Request (FCR) Record / Log
• Daily Progress Report (DPR)

Key Evidence from After Construction Delay

• Non Conformance Report / NCR (Non Conformance Rectification and Closeout)

Design Approval Tracker (Log):

A project must have design approval tracker (log), which records the full history of design submission dates, design review time taken, design approval date, design changes, number of revisions in design and reason of changes in design. The comparison of Planned Design Approval Dates Vs. Actual Design Approval Dates will give the indication of any delay in design which will affect the construction start date. The reason of Changes in design will play a key role for delay in design approval.

Shop Drawing Approval Tracker (Log):

A project must have Shop Drawing approval tracker (log), which records the full history of Shop Drawing submission dates, Shop Drawing review time taken, Shop Drawing approval date, Shop Drawing changes due to any design changes, number of revisions in Shop Drawings and reason of changes in Shop Drawings. The comparison of Planned Shop Drawing Approval Dates Vs. Actual Shop Drawing Approval Dates will give the indication of any delay in Shop Drawings which will affect the construction start date. The reason of Changes in Shop Drawings will play a key role for delay in start construction at site.

NOC (No Objection Certificate):

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No Objection Certificate for Construction zones, locations & all the structures of the Project are very important as key evidence for construction contract claims to show the actual date that project got clearance or approval from all authority to start construction. The comparison of Planned Date of NOC Vs. Actual Date of NOC Acquire will give the indication of any delay before start construction at site.

Area Handover Notice:

The project must have area handover procedure and format for handing over notice of an area to record the actual date of handover for area (Access Date) to start the construction. Hence, the area handover documents are very important as key evidence for construction contract claims to show that the project got clearance or approval from authority/client on which date. The comparison of Planned Date of Area Handover Vs. Actual Date of Area Handover will give the indication of any delay before start construction at site.

MOM (Minutes of the meeting):

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Minutes of any meeting held in the project must be recorded, reviewed and official shared with all stakeholders. In any project there are different types of meeting happening including construction progress meeting, Construction kick off meeting, design workshop, meetings with client, meetings with local authorities etc.. The important decision taken in the meetings must be recorded which may affect the project scope, time and cost. Hence, the minutes of meeting are very important as key evidence for construction contract claims to show what has been discussed and agreed by all stakeholders on which date.

Resource Histogram:

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A resource histogram is a bar chart showing the planned resources over the time. The actual resource provided shall be added in the chart. The comparison of Planned Resources Vs. Actual Resources Provided will give the indication of lack of resources and delay due to that.

Progress Monitoring Record:

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The approved baseline schedule is the basis for the construction project to monitor the actual progress. The baseline program will show the planned start date, duration and planned finish date of all the activities of the project. During the ongoing construction weekly monitoring must be done and recorded in the schedule with actual start date, duration and actual finish date of the the activities. The comparison of Planned Start Date of Activity Vs. Actual Start Date of Activity will give the indication of any delay in start construction at site. Also, The comparison of Planned Finish Date of Activity Vs. Actual Finish Date of Activity will give the indication of any delay in completion of construction at site. Hence, the Baseline Vs. Actual Progress monitoring records are very important as key evidence for construction contract claims to show delay in start date, finish date and taken more duration than planned for the activities. Generally this will be done in Planning Software (Primavera P6 & Microsoft Project) for large projects with so many activities.

Construction Progress Photographs:

There must be a procedure in the project to store daily progress photographs for each site. The site engineer who are actually working on site must take daily photographs for each ongoing activities and those photographs must be stored. The photographs with Date and Time Stamp are very important as key evidence for construction contract claims.

Construction Site Diary:

Construction site diary is backbone of all the event’s happened at site. It records all the site progress in detail to ensure easy tracking of any issue or event which triggered the delay. It also record supporting document reference which can be used for reference or an evidence in claim. Records of weather condition due to which if there is any obstruction in progress will be used for delay claim. Documents which are signed off by all the party will be the key evidence for the claim.

Plant & Equipment Mobilization & Demobilization Record:

The project must have area Mobilization & Demobilization record procedure and format for any contractor/sub contractor to record the actual date of mobilization & demobilization of plant and equipment. Hence, once the area handed over ideally immediately mobilization to be started. If any delay in mobilization after area Hanover can be tracked from this record. The mobilization/demobilization documents are very important as key evidence for construction contract claims to show delay.

Construction Permit Issued Record:

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The project must have permit to work system procedure and format to record permit issued. In Construction Project there are different type of permit to be issued during construction which allow the contractor or Subcontractor to perform the specific job. Which includes but not limited to Permit to Work (PTW), Permit to Excavate (Excavation Permit), Night Work Permit, Holiday Work Permit etc. The record of permit will shows the date on which the permit has been issued. This record of Permit Issued are very important as key evidence for construction contract claims to show permit issued on which date.

Filed Change Request (FCR) Record:

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The project must have Filed Change Request (FCR) procedure and format to record FCR issued. During construction there will be a situation when approved design drawing/shop drawing can not be followed or required changes due to site situation or construction procedure. In such cases the Field Change Request must be raised and approved before executing the change at site. The Change might affect the scope / time / cost. Such type of FCR record are very important as key evidence for construction contract claims to show the approval changes and impact of those changes on project key objectives.

Daily Progress Report (DPR):

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The project must have Daily Progress Report (DPR) procedure and format to record DPR. The DPR will record the actual manpower & machinery at site, activity ongoing at site, weather condition etc. This record must be submitted on daily basis and to be signed off. The Signed Daily Report (DPR) record are very important as key evidence for construction contract claims to show the actual resources at site.

Non-Conformance Report (NCR) Record:

The project must have Non-Conformance Report (FCR) procedure and format to record NCR issued. During construction there will be a situation when approved design drawing/shop drawing or approved specification has not followed at site. In such cases the NCR must be raised and rectification procedure must be approved before executing any further activity at site. The Non-Conformance might affect the time / cost. Such type of NCR record are very important as key evidence for construction contract claims to show the approval of rectification and impact of those Non Conformance on project key objectives.

To Study further go to : “Types of Non Conformance in Construction“

(NOTE: More evidence will be added soon, like Contract Documents, Interim Payment, Actual Cost Payment Proof, Long Lead Item Material Delivery Notes etc…)

Please let us know if you have more to be added in above list!!

By: MicrobiteWorld.Com