What is the types of construction Claims

Generally, there are only two types of claims in this world; those for time and those for money!

Cheers,

Stuart

Dear Ness

I think the subject imply more details and knowledge.

According to my recent knowledge, the claim types are:

1- Contractual claims.
2- Common low claims.
3- Quantum meruit claims.
4- EX gratia claims.

Also there is some others names of claims such as: Extension of time (EOT) , loss/profit claim, ....etc.

by the way, since three days ago, i got a fabulousbook talking about building contract claims, so if you are interested , just post your e-mail and i’ll send it you.


Thanks for your contribution.

Tarek

Tarek,

At least we got the thread moving! ;-)

But if you review the four categories in your latest post below, I am sure that you will concur that ultimately they will fall into either (or both) of the categories in my earlier post!! ;-)

Cheers,

Stuart

Tarek,

I agree with the below for categories and I would like to add to them

1- Claims concerning matters have a basis in the contract itself.
Sometimes there are matters specified under the contract that may or may not occur.. but when it just happen, the Contractor or the Employer as stated in the contract shall be entitled to a designated remedy.
But some other times, a specified event, may be a breach of a particular stipulation under the contract, in which one party shall be entitled to claim designated remedy.
2- Claims arising out of the contract based on the grounds that a term of the contract has been breached where there is no designated remedy.. in this case the claim is valid but the remedy shall be sought under the arbitration or litigation of the governing law of the contract (which could be common law or civil law) unless the claim is settled amicably
3- Claims under the law of tort of the applicable law of the contract. Remedy in this case lies under the just and equitable award of court. (meaning the claims does not have ground on the contract, but it is made under the applicable law)
4- Claims when no contract exist, or the contract is deemed to be void. Then a claim should be made under a legal system of a quantum merit or illegal enrichment (as much as one has earned)
5- The Ex Gratia Claim; (out of kindness) where there is no contractual or legal basis for that claim rather than some commercial sense in making a settlement.

However, there is too many popular contractual claims like EOT, cost attributable to delay, Prolongation, Disruption Claim, loss of profit claims..etc

Mr. Tarek Barham,

Could please send me a copy of your book regarding building contract claims.

regards,
joseph

Dear Tarek,

Thank you for starting this topic. But you seem to want specific information.

My recommendations would be to keep your Project Current and solve all claims as they arise. And your Claims should be based on facts and that the Contract allowes you to submit such claims.

A copy of the good book you mentioned would be appreciated:

samer_zawaydeh@yahoo.com

Happy New Year,

Samer