the signed contract is the best basis for the claims, the contract identify scope and specially the condition or how that work to be performed.
and therefor any deviation of condition(for example payment,Weather,scope change,...)could be used as a basis of claim,becouse that a/m deviation has not considered in the contract(for example contract price,...).
another things could be used is the requirement of work perform , if it is not stipulated in the contract.
how ever the contract form witch condition is mentioned or not is the best refference.
Member for
24 years 5 months
Member for24 years5 months
Submitted by Roger Gibson on Sun, 2003-11-09 03:46
It would be nice if it were as simple as truth and the contract, as there would be no disputes. However, in the real world, truth is replaced by facts, or interpretation of the facts.
To put forward a claim you must have entitlement; and this is where the contract is used. Then you have the facts or events/issues, that the claim depends on.
The interpretation of these facts by one party, and the disagreement of that interpretation by the other party is what leads to a dispute.
Member for
22 years 7 months
Member for22 years8 months
Submitted by Teemu Vikman on Sat, 2003-11-08 08:10
If your claim has no additional value for your customer it can be quite difficult to get it thrue, unless the contract gives you back-up for your claim.
However, negotiations with the customer in a good spirit can help to get the claim accepted.
(In other words: As the reply before, but longer answer.)
Member for
22 years 10 months
Member for22 years10 months
Submitted by Ronald Winter on Thu, 2003-10-30 12:01
Member for
16 years 9 monthsRE: Basis of claim
Dear Sir
the signed contract is the best basis for the claims, the contract identify scope and specially the condition or how that work to be performed.
and therefor any deviation of condition(for example payment,Weather,scope change,...)could be used as a basis of claim,becouse that a/m deviation has not considered in the contract(for example contract price,...).
another things could be used is the requirement of work perform , if it is not stipulated in the contract.
how ever the contract form witch condition is mentioned or not is the best refference.
Member for
24 years 5 monthsRE: Basis of claim
It would be nice if it were as simple as truth and the contract, as there would be no disputes. However, in the real world, truth is replaced by facts, or interpretation of the facts.
To put forward a claim you must have entitlement; and this is where the contract is used. Then you have the facts or events/issues, that the claim depends on.
The interpretation of these facts by one party, and the disagreement of that interpretation by the other party is what leads to a dispute.
Member for
22 years 7 monthsRE: Basis of claim
If your claim has no additional value for your customer it can be quite difficult to get it thrue, unless the contract gives you back-up for your claim.
However, negotiations with the customer in a good spirit can help to get the claim accepted.
(In other words: As the reply before, but longer answer.)
Member for
22 years 10 monthsRE: Basis of claim
Truth and The Contract.