Claims

Claims is an adjustment in schedule and /or cost due to unforeseen circumstances which are attributable to other party and not finalised in the Contract document

In projects, claims are inevitable and they are documented. They are processed, monitored as well as managed throughout the life cycle of the project and according to the terms of the Contract.

• Some common reasons for Claims:
  • Good input/ output v/s bad Input/ Output
  • Death by thousand cuts
  • Owners desired V/s Need
  • Unrealistic timeline
  • Lack of co-ordination between Parties.
  • Delay / non-providing the agreed resources, inputs, scope of work, permissions.
  • Difference between what was stated and actual condition.
  • Balance of power shifts once work is finished
• Important things to remember about Claim:
  • Claims are made as per contract terms
  • A well-documented claim is having chance to go next stage in the process
  • A graphical representation , photograph adds value to the claim
  • Supporting document for confirmation from other party make claim more authentic
  • Case history and chronological event listing make claim helps during claim processing
• Typical Contractual Challenges:
  • Not clear verbiage.
  • Contradicting / incomplete / different information at various sections of Contract.
  • Owners approval process
  • Concurrent delay
  • Notification of claim
  • Unforeseen conditions ( not listed in the contract)
• EOT claims (Extension of Time)

  In any project, Extension of Time claims are very common and most of the claims are rejected by Owners summarily. It requires to build case for EOT from the beginning or from the time when the schedule has affected. Contractual Correspondence plays very important role in getting EOT approved.

• Our Expertise

  A systematic approach and well documented claims which are presented with logical explanation make the claims go to next level of negotiations. Use of chronology of events backed by contractual correspondence in preparing claims helps in logically perusing the claim.

  Explaining impact on the project using various types of delay analysis also has helped in our claim. A quantitative claim statement and negotiations with proper justifications has won most our claims.