what data should be maintained on a construction site to win claims in arbitration

1.SITE ORDER BOOK:  IT IS THE FIRST MOST IMPORTANT DOCUMENT TO FIGHT ARBITRATIONS IN CONSTRUCTIONCOMPANIES. MANY CLIENT ENGINEERS CHANGE THE SPECS VERBALLY. DONT ENTERTAIN THEM WITH OUT WRITTING IN SITE ORDER BOOK.

2.DEVIATION REGISTER: ALL DEVIATIONS IN BOQ AND SPECS AND THE QTY AND AMOUNT SHOULD BE MAINTAINED AND SIGNED BY BOTH CLIENT & CONTRACTOR.

3.HINDRANCE REGISTER: ANY HINDRANCE DUE TO NATURAL CALAMITY, DELAY IN DRAWINGS, DELAY IN DECISIONS FROM CLIENT SHOULD BE WRITTEN AND DULY SIGNED BY CLIENT.

4. DRAWING REGISTER: IT SHOULD BE MAINTENED AND SIGNED BY CLIENT. ANY SMALL JOB INSTRUCTED BY CLIENT SHOULD BE DRAWN AND SIGNED COPY TO BE FILED AND DETAILS ENTERED IN DRAWING REGISTER.

5. TOLERANCE LIMITS: SOME CLIENTS WILL NOT ALLOW EVEN IS STANDARD TOLERANCE LIMITS. THAT SHOULD BE TAKEN IN WRITTEN. 

6. MEASUREMENTS AS PER IS CODE: SOME CLIENTS WILL NOT PAY AS PER IS CODE. THIS CAN BE CLAIMED WHILE ARBITRATION.

7. INCONVENIENCE FACTOR & WORKING UNDER FOUL CONDITIONS: UPTO 50 % EXTRA CAN BE CLAIMED AS PER THE INCONVENIENCE LIKE WORKING UNDER ALREADY CONSTRUCTED BUILDINGS, SEWERAGE AREAS, DOUBLE HEIGHTS, CONTINUOUS SEEPAGE AREAS, SMALL PATCH WORKS, VERY THIN RCC WALLS WHICH REQUIRE SAME AFFORD AS OF HEAVY WORKS AND PAID VERY LESS AMOUNTS.

8. DETAILS OF TENDER: EVIDENCES OF DATE OF TENDER, YEAR OF SSR/BSR CONSIDERED FOR THE TENDER, ALLOTMENT DATE OF WORK, HANDING OVER THE SITE TO THE CONTRACTOR, DETAILS OF PERMITS FROM GOVT. DEPTS. ETC TO BE MAINTAINED.

whenever a construction dispute is referred for arbitration, the evidence is to be given for the claims made. for example: what are the causes of delay? what are the causes for variations? whether the material used is as per specification? etc. a data base sholuld be maintained. what should be the nature of data? so that the arbitration or dispute resolution is easier nd faster.

It is very important to maintain all written documents in date wise .It is advisable always to take written conformation regarding any discussions.

The following data is maintained to avoide arbitration.

1, registered the agreement conteining detail specification of item, time limite, project cost, panelty of delay etc 

2, dont allow any execution without work order issued by the authority.

3,   maintein all the document related to site executation

4,  monitor the progress of work compared to CPM chart and issue the notice to contractor if any dely in works.

5, item specification is prepared in such a way that no complication arises while executation of work

Causes of Arbitration

1. Absence of certain specifications of materials and items  in the contract, inadequate emphasis of the conditions for applying extension,Material fuel and labour escalation are main reasons for arbitration.
2. Abnormal delays occuring due to delay in decisions from client/management.
3. Escalation in the prices of thematerials, fuel and the labour beyond the limits of the prices considered in Price Indexes at national level.
4. Deviation orders placed on the contractor beyond the limits specified inthe contract.

       Building up of a case from the initial stages is a must for winning any Arbitration.May be from the contractor side or the department.The local gazette publications in case of labour,material and fuel rates. Files in evidence of the Correspondance between the contractor and department regarding the issues of arbitration is a must.

ISSUE LOGS refers to a document convering the following details updated during any ISSUES/DISPUTES raised between two parties in a CONTRACT and ISSUES analyzed on a Priotity Basis:

1. Date of Issue
2. Between Which Parties
3. Issue Title /  Description
4. Root Cause of Issue
5. Outcomes
6. Corrective Action /  Preventive Action to be Taken
7. Effect on Set Project Constraints (Priority Weightage)
8. Reference to related Records /  Correspondences
9. Claim Amount with Break Up Details (If any)
10. Acknowledgement fromthe other Party with Remarks