Cplus Claim Consulting Services include, but are not limited to, the following:
Schedule delay and productivity reduction analysis and reporting
Claims for monetary and time damage value assessment
Claim case study
Claim preparation, substantiation and presentation
Claim negotiation
Training on the claim procedures and mitigation measures
Claim Notice
The Contractor shall give notice to the Engineer,
if the Contractor considers himself to be entitled
under any Clause of these Conditions
or otherwise in connection with the Contract
Objective of Claim
The Contractor shall give notice to the Engineer,
Any extension of Time for Completion
Any additional payment
Claim Procedures
A. Notice Obligation
The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should
have become aware, of the event or circumstance.
The notice shall describe the event or circumstance giving rise to the claim.
If the Contractor fails to give notice of a claim within such period of 28 days, the Employer shall be discharged from all
liability in connection with the claim.
B. Entitlement to be Substantiated
The Contractor shall keep such contemporary records as may be necessary.
The Contractor shall keep further contemporary records instructed by the Engineer.
Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Engineer, the Contractor shall send to the Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed.
If the event or circumstance giving rise to the claim has a continuing effect:
(a) this fully detailed claim shall be considered as interim;
(b) the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and/or amount claimed, and such further particulars as the Engineer may reasonably require; and
(c) the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Engineer.
C. Engineer¡¯s Determination
Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Engineer and approved by the Contractor, the Engineer shall respond with approval, or with disapproval and detailed comments.
The Engineer may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within such time.
The Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations].
D. Payment Entitled for Claim
Each payment Certificate shall include such amounts for any claim as have been reasonably substantiated as due under the relevant provision of the Contract.
Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only be entitled to payment for such part of the claim as he has been able to substantiate.
E. Relation to other Sub-Clause
The requirements of this Contractor¡¯s claim are in addition to those of any other Sub-Clause which may apply to a claim.
If the Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded due to the Contractor¡¯s failure to give notice of a claim within such period of 28 days.