This McLaughlin & McLaughlin<\/strong><\/a> post is an introduction to an ongoing Subject Series<\/strong> <\/a>regarding Construction Claims and Disputes<\/strong> in engineering, procurement and construction industry.<\/p>\n In relation to construction claims and disputes it is important for all readers, contributors, participants and others regarding the general subject of claims and disputes to be equally informed.\u00a0 This discussion is directed toward engineering and construction claims and disputes.<\/p>\n In the engineering and construction industry, contract claims and disputes are common issues.\u00a0 They occur between: owners and contractors (prime), contractors and their subcontractors, contractors and (their) vendors, and at other contractual interfaces.\u00a0 Resolution of the claims and disputes can be a costly, disruptive and aggravating process for all parties.<\/p>\n <\/p>\n This discussion is intended to have a business management, program management and project management perspective.\u00a0 Analytical details are not our intention.\u00a0 In addition, it is important to note that McLaughlin and McLaughlin<\/a><\/strong> [M&M] is not a law firm and is not intending to provide legal advice.\u00a0 M&M is a consulting firm providing (among other services) non-legal expertise in dispute resolution and litigation support.\u00a0 For further information on M&M services, please see www.McLaughlinandMcLaughlin.com<\/a>.<\/p>\n In the engineering and construction industry, claims and disputes take many forms and focus on many topics.\u00a0 For simplicity of discussion, we will use the follow the following categories:<\/p>\n A simplistic definition of a claim can be found in Project Management Institute \u00a0(PMI) documentation.\u00a0 PMI\u2019s PROJECT MANAGEMENT BODY OF KNOWLEDGE<\/span><\/a> defines a \u201cClaim\u201d as \u201cA request, demand, or assertion of rights by a seller against a buyer, or vice versa, for consideration, compensation, or payment under the terms of a legally binding contract, such as for a disputed change.\u201d\u00a0 While simplistic, this definition can be viewed as a starting point for discussion.\u00a0 A construction claim is more specifically a claim under the construction contract.\u00a0 William Schwartzkopf and John J. McNamara explain further:<\/p>\n \u201cA construction claim consists of two major parts: (1) the entitlement section, which typically includes a detailed description of the actions or inactions of the party from whom relief is sought, entitling the claimant to compensation; and (2) the damages section, which sets forth the calculations and support for the compensation claimed.\u201d (link)<\/a><\/p>\n Pressing into more detailed categories (as listed above), there are some key industry references that elaborate on specific categories.\u00a0 References with listings include (but are far from limited to) (sorry for the ones I missed):<\/p>\n Discussions on engineering and construction claims and disputes are quite complicated.\u00a0 There are niche industries of consultants and law firms that specialize in this work, as well as extensive resources and writings published and available through the public domain.\u00a0 To help target your particular interests, we will cite legitimate references where known to M&M<\/a>.\u00a0 Hopefully, comments and contributors will elaborate on this body of knowledge.<\/p>\n For additional information and posts, please visit Subject Series Construction Claims and Disputes<\/a>.<\/p>\n In addition, it is important to note that\u00a0McLaughlin and McLaughlin<\/b>\u00a0[M&M]<\/b><\/a>\u00a0( is not a law firm and is not intending to provide legal advice.\u00a0\u00a0M&M<\/b><\/a>\u00a0is a consulting firm providing (among other services) non-legal expertise in dispute resolution and litigation support.\u00a0 Since\u00a0M&M<\/b><\/a>\u00a0provides project development and management services (large and complex projects) as well,\u00a0M&M<\/b><\/a>\u00a0brings a \u201cpractioner\u201d perspective to this market.\u00a0 For further information on\u00a0M&M<\/b><\/a>\u00a0services, please see\u00a0www.McLaughlinandMcLaughlin.com<\/a>.<\/p>\n This McLaughlin & McLaughlin post is an introduction to an ongoing Subject Series regarding Construction Claims and Disputes in engineering, procurement and construction industry. In relation to construction claims and disputes it is important for all readers, contributors, participants and others regarding the general subject of claims and disputes to be equally informed.\u00a0 This discussion […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_s2mail":"yes"},"categories":[9],"tags":[],"jetpack_featured_media_url":"","_links":{"self":[{"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/posts\/93"}],"collection":[{"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/comments?post=93"}],"version-history":[{"count":7,"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/posts\/93\/revisions"}],"predecessor-version":[{"id":1481,"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/posts\/93\/revisions\/1481"}],"wp:attachment":[{"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/media?parent=93"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/categories?post=93"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/projectprofessionals.org\/wp-json\/wp\/v2\/tags?post=93"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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