Preparation and Evaluation of Contractual Claims in Construction
Preparing and evaluating contractual claims
Our global network of practitioners, many of whom hold both technical and legal qualifications, are experienced in preparing, evaluating, and defending contractual claims for extensions of time, prolongation, disruption, loss of productivity, acceleration, termination and suspension, disputed variations, breach of contract, and damages claims.
To maximise the chances of success, our contractual claims preparation process adheres to the following:
- Identification of events and circumstances
- Establishment of liability
- Establishment of contractual entitlement and basis of claim
- Compliance with contractual requirements, conditions precedent, and any other relevant contractual mechanisms
- Establishment of causation
- Preparation of delay analysis (for time based claims) using a suitable methodology
- Compilation of report detailing substantiation and all pertinent evidence
Delay, disruption, and acceleration analysis
At CCi, our delay, disruption, and acceleration analysis may include:
- Review and audit of contemporary programmes
- Preparation and/or validation of updated programmes
- Preparation and/or validation of as-built programmes
- Preparation and/or validation of acceleration programmes and analysis
- Preparation and/or validation of disruption assessments, including analysis of production rates
- Data analytics
- Use of Building Information Modelling (BIM) and 4D modelling and visualisation technologies
- Delay analysis using the most appropriate methodology
Delay analysis for contractual claims can be broadly divided into two categories, defined as the following:
- Prospective methods, where the analysis predicts the effect of delay events based on the retention of the theoretical logic within the baseline programme; and
- Retrospective methods, which are largely based on actual events.
The choice of method is primarily dependent on the applicable contract, the point in the project life cycle at which the analysis is carried out, and the purpose for which it will be used but will always be inline with local best practice and adhere to the relevant standards.
This may, for example, be for interim relief, settlement discussions, or formal dispute proceedings. CCi’s delay analysis services are tailored to suit the project and the client’s specific requirements. Our experts utilise delay analysis to determine any breach of contract in construction.
Quantum analysis
Our quantum consultants carry out detailed examination and assessment of the monetary aspects of construction claims such as delays, changes in scope, additional work, or unforeseen conditions. Such quantum analyses could include:
- Identification of contractual entitlement to recover cost and/or value
- Preparation of cost claims (including prolongation, acceleration, and disruption/loss of productivity costs)
- Valuation of variations
- Analysis of tender rates and escalation costs
- Benchmarking
- Preparation of loss and expense and damage claims
Detailed evidence is provided to support the amounts claimed or defended. CCi’s quantum preparation and analysis services also include a detailed review of all available contemporaneous cost data and its presentation in an auditable, particularised, and logical format.
When working on contractual claims, our quantum team often acts for insurers to provide services on distressed projects, including following insolvency or termination.
Our specialists also provide quantity surveying services to support loss adjusters and legal practitioners managing insured projects to ensure reasonably incurred costs are recoverable under the relevant insurance policy.
Do you feel that you have experienced a breach of contract in construction on a project? Contact us to discover how our expert team can assist with contractual claims in construction.
Example Projects
Tamworth, Australia
Tamworth 330KV Capacitor Banks and SVC Works
Canada
