Claims Management
I provide claims management and technical claims support on construction and engineering projects, drawing on more than 30 years of experience in project delivery, planning, delay analysis and construction disputes.
My work includes the preparation, review and assessment of construction claims, with particular emphasis on extension of time, delay, disruption and the programme-related consequences of change.
Claims management is an advisory role and is distinct from my appointments as an independent Expert Witness or Expert Determiner. When acting in a claims capacity, I work with project and commercial teams to establish the factual, programme and technical basis of their position, alongside legal and quantum specialists where appropriate.
1. Claims Preparation and Assessment
A construction claim should clearly identify the events relied upon, the contractual provisions relevant to the claim, the resulting effect on the works and the evidence supporting the position advanced.
I assist clients in developing and reviewing claims so that the factual chronology, programme analysis and supporting project records are presented in a clear and coherent manner.
Depending upon the nature of the matter, this may include extension-of-time claims, delay and disruption claims, responses to claims submitted by other parties, and technical assessment of change and variation issues.
Where questions of contractual interpretation or law require specialist advice, I work alongside the client’s legal advisers. Similarly, detailed financial or quantum assessment may require input from an appropriately qualified quantity surveying or quantum specialist.
2. Extension of Time, Delay and Disruption
Delay-related claims require a clear relationship between the events relied upon and their effect on the programme.
I review baseline and updated programmes, progress information and contemporaneous project records to examine the timing and effect of relevant events, changes to the critical path, concurrency, mitigation and other matters affecting the time consequences of those events.
Disruption may require a different analytical approach, particularly where project productivity has been affected without an equivalent movement in the completion date.
The appropriate analysis will depend upon the circumstances of the project, the contractual framework and the quality of the available records.
3. Contemporaneous Records and Claim Development
The quality of a claim is closely connected to the quality of the contemporaneous project record.
On live projects, I assist teams in identifying and organising programme information, progress records, correspondence, instructions, meeting records and other material relevant to emerging claims.
This may also involve consideration of whether significant events have been appropriately recorded and notified and whether subsequent project reporting reflects their developing effect.
The objective is to establish a clear factual record as matters develop, rather than attempting to reconstruct the project history only after positions have become entrenched.
4. Claims Management Support
Depending upon the project, stage of the claim and scope of appointment, my involvement may include:
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claim strategy and structuring
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chronology development and evidential review
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extension-of-time and programme analysis
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delay and disruption assessment
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cause-and-effect analysis
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review and organisation of contemporaneous records
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support with notices, responses and contractual correspondence
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review and assessment of opposing claims
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preparation of technical rebuttal material
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programme and factual support for prolongation and cost claims
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preparation for commercial negotiation, mediation or other dispute-resolution procedures
The nature and extent of the work will depend upon the issues in question and the professional disciplines required to address them properly.
5. Review and Rebuttal of Claims
Claims management also includes the assessment of claims advanced by another party.
I undertake technical reviews to examine whether the factual narrative is supported by the contemporaneous record, whether the programme analysis demonstrates the delay alleged, and whether the stated relationship between event, cause and effect is supported by the available evidence.
Where weaknesses or inconsistencies are identified, these can be set out in a structured technical response or rebuttal for consideration by the project, commercial or legal team.
This can assist in identifying the matters genuinely in dispute and provide a clearer basis for commercial discussion or subsequent formal proceedings.
6. From Claim to Dispute
A well-prepared claim does not necessarily need to become a formal dispute. Clear presentation of the facts, programme position and supporting evidence can provide a more informed basis for negotiation and resolution.
Where positions cannot be resolved, the same underlying records and analysis may subsequently become relevant in mediation, Expert Determination, arbitration or other dispute-resolution procedures.
The role I undertake will depend upon the nature of the appointment. A previous advisory involvement may affect whether I can subsequently accept an appointment as an independent Expert Witness or Expert Determiner, and any such appointment would therefore be considered separately, including appropriate conflict and independence checks.