Website Upgrade Incoming - we're working on a new look (and speed!) standby while we deliver the project

Tips on using this forum..

(1) Explain your problem, don't simply post "This isn't working". What were you doing when you faced the problem? What have you tried to resolve - did you look for a solution using "Search" ? Has it happened just once or several times?

(2) It's also good to get feedback when a solution is found, return to the original post to explain how it was resolved so that more people can also use the results.

Bizarre Excuses for Rejecting Claims

6 replies [Last post]
John Whitney
User offline. Last seen 9 years 17 weeks ago. Offline
Joined: 26 Jul 2004
Posts: 35
Groups: None
I’m sure many members have had experiences of having valid claims rejected for the most bizarre reasons. Perhaps they would like to post them here. Obviously, names should be witheld to protect the innocent (and the guilty).

One of the most amusing (and frustrating) rejections I have had was in Iraq way back in the early 80s. We were putting in a complete water pipe network across the whole city and we had countless pipe trenches filled with existing services and other obstructions. Under the contract, all these should have been removed by the client (yeah, right - I can hear you say)!

We prepared the information on lack of productivity etc etc - and also a dossier of photographs showing the obstructions in each trench. Going into the meeting with the client, we produced the photographs and looked on as his engineers spent about 10 minutes in total silence looking through them. The silence was broken by the chief engineer asking "who took these photographs? You know that it is illegal in Iraq to take photographs? OK - claim rejected as it is illegal. Next........"


John

Replies

ashraf alawady
User offline. Last seen 10 years 9 weeks ago. Offline
Joined: 26 Aug 2006
Posts: 320
Groups: None

Hi,John
I have explained to all the planners seriously, my own opinion which is based on contracual support from the FIDIC and the other roles, regulations and methods have to be followed in the international business.
Where ever it was even if you ’re talking about a project in IRAQ!
The runing of any international business is not an easy job
for any organitation and it needs a ot of ivestigations, studies, planning,communications.................etc

GOOD LUCK
Clive Randall
User offline. Last seen 16 years 50 weeks ago. Offline
Joined: 15 Aug 2005
Posts: 744
Groups: None
Likely laughs received by the contractor

1. You didnt need the info then because you were already in delay
2. The SI was for information only its not our fault that 90% of the rock was just below the surface we told you not to rely on the SI
3. Our Engineer was only doing his job, he has every right to delay your progress
4. It dosent matter who caused the delay the contract says there will be no EOT
5. You are not entitled to costs as you only notified the claim under time clause
6. Its not fair I was under a lot of pressure then
7. This relaince on claims people is morally wrong you should only make claims with your people
8. The contract is fair and reasonable, those items that are not were included at the clients request.
9. The adoption of new legislation should have been forseen by the contractor
10. The variance, and in this case quadruperling of excavation is reasonable we do not believe it affected your method of excavation or time for undertaking the works. A reasonably competant contractor should expect variations.
11. Al;lthough the contract stipulates time for approval this is only a guide and cannot be relied upon.
12. You are claiming that you have been delayed due to a lack of information but only rely on the 600 requests for information that remained unanswered at the time of the claim. This reliance on outstanding information is erroneous as there were several areas of the project that could be progressed all be it slightly outr of sequence.
13. You appear to rely heavily on the contract to substantiate your claim this is not acceptable.
14. At the time of the claim our engineer was on holiday so we cannot ascertain whether your facts are true your claim is therefore rejected.

There must be some more
Clive
John Whitney
User offline. Last seen 9 years 17 weeks ago. Offline
Joined: 26 Jul 2004
Posts: 35
Groups: None
Ashraf,

I’m not sure if your post was meant to be serious, sarcastic or a wind-up, but whatever - it made me laugh more than the statement made by the engineer at the meeting.

We’re talking about a project in IRAQ! Get real.


John
ashraf alawady
User offline. Last seen 10 years 9 weeks ago. Offline
Joined: 26 Aug 2006
Posts: 320
Groups: None
Before having a prepared information on lack of productivity and also a dossier of photographs showing the obstructions in each trench as you did you should prepare and submit the following:.
*notified the client officially for the exixt of the said obestructions and request his instruction to solve the problem in specific date.
*Follow the subject with the client’representative periodically.
*write to the client aout the status of the works and the nigative impact of the exsisting obestructions on the planned works.
*Call for exceptional and action meetings with the client to solve the prblem.
*submit a weekly updated progress report showing the impact of the exsisting obestructions on the programme of works.
*submit your official notifiction of your intention to submit claim based on the condition of contract.
*submit the impacted programme with all details and other supporting documents.
*raise the case to the disput and claims resolution committee in the client level.
*raise the case to the arbitration level.
*raise the case to the court.
Be sure if, you have e right and defind for it properly based on the contract conditions and other docments,no body can ignor your right or reject your claim.


James Griffiths
User offline. Last seen 15 years 47 weeks ago. Offline
Joined: 19 May 2006
Posts: 435
Groups: None
John,

Sorry, but I couldn’t help laughing out loud when I read the excuse for the claim rejection. You wrote it beautifully. The timing and wording was perfect.

James. :-)
Peter Holroyd
User offline. Last seen 1 day 1 hour ago. Offline
Joined: 6 Jun 2005
Posts: 166
PM wrote over on original Clients letter exactly what he thought of him.
This was obviously discovered in the file during the legal search procedure - professional reputation in tatters, claim rejected - mail & filing procedures changed.