Construction Program Management and Inspection Guide

F–14
Appendix F: Examples of Reporting Practices
CONSTRUCTION PROGRAM MANAGEMENT AND INSPECTION GUIDE (5/01/04)
Claims and Potential Claims
Report Items
The contractor has submitted seven claims totaling
$379,221.41. Following is a brief discussion of each including
the current status: (amounts, facts, alleged claims, and initial
State analysis of each has been omitted here for brevity).
Longitudinal bracing was required for the detour by the
railroad and State. There has been a minor dispute over this
item.
While excavating on June 9, the contractor broke a water line.
A repair joint was installed by the contractor. Since there was
less than 38 cm (1ft) of cover over the pipe, the contractor will
be filing a claim. The water line was there before the existing
roadway was built.
The contractor has filed a notice of intent to file a claim for
additional excavation quantity at Pier 5. Contract plans
provide for pay limits for riprap excavation at a 1:1 slope.
Based on observations at this inspection, it appears that the
contractor is accomplishing an excavation slope of 2.5:1 or 3:1.
The project manager is taking appropriate action to resist such
a claim.
Comments
The recording of claims and potential claims permits FHWA
to begin evaluation of their merits at an early date. Specifics
are of value here.
In this case, a dispute has been identified, but the value of the
comment is limited since neither the nature of the dispute nor
parties involved, i.e., contractor, railroad, State, etc. were
included.
In this instance, the facts upon which the claim is based have
been appropriately noted.
Contractor actions affecting claims should be recorded as was
done here. The State’s position on the claim is also of value.