Preparation and Evaluation of Contractual Claims
Our global network of practitioners, many of whom hold both technical and legal qualifications, are experienced in preparing, evaluating, and defending claims for extensions of time, prolongation, disruption, loss of productivity, acceleration, termination and suspension, disputed variations, and breach of contract and damages claims.
To maximise the chances of success, our 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 notice requirements and any other procedural mechanisms
- Establishment of causation
- Preparation of delay analysis (for extension of time claims) using a suitable methodology
- Compilation of substantiation and all pertinent evidence
Delay, Disruption, and Acceleration Analysis
This 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
Analysis of delays 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 lifecycle at which the analysis is carried out, and the purpose for which it will be used.
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.
Quantum Analysis
This analysis may 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. 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.
Our quantum team often acts for insurers to provide services on distressed projects, including following insolvency or termination.
Specialists provide quantity surveying services to support loss adjusters and solicitors managing insured projects and ensure costs are reasonably incurred and recoverable under the relevant insurance policy.
Analysis of delays 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 lifecycle at which the analysis is carried out, and the purpose for which it will be used.
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.
Example Projects
UK
PFI Acute Emergency Hospital Project
UK