Back Ambiguities are the primary causes of disputes under construction contracts – What is the standard supporting evidence required when preparing EOT claims?

Date: 13 March 2019

What is the standard supporting evidence required when preparing EOT claims?

Major construction contracts, in particular, the NZ General Conditions of Contract NZS3910:2003 and 2013 do not specify the records required as supporting evidence to contractors’ extension of time claims.

Hence we see EOT claims that lack evidence, and when provided, the details of the claims do not match the records. Simply because, in my opinion, the lack of clearly expressed obligations of the contractor to provide evidence in support of its EOT claim give the impression that such proof is not required and when requested to do so (while assessing its entitlement), another layer of dispute arises about what records are needed and to what extent are they needed.

According to the Society of Construction Law (UK) Delay and Disruption Protocol 2nd Edition and according to American guidance (Aspen Publishers) to the preparation of claims, here are the key records that are essential to support an EOT claim:

• Daily logs and diaries
• Weekly/monthly progress reports
• Meeting minutes
• Progress photos (with date stamps on the photos)
• Weather log
• Correspondences
• RFIs
• Progress programmes
• Variation Orders
• Shop drawings log
• Procurement and manufacturing records
• Resource records
• Cost records

I strongly recommend that the contract includes a section that clearly specifies the required evidence when preparing EOT claims.

 

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