Claim Preparation

Solutions

Should a client find themselves in the unfortunate position of not being able to agree culpability for delay and consequential costs, then a contractor (although sometimes also an employer) may need to particularise their case in writing.

A claim document can take many forms, from a simple bar-chart analysis with minimal narrative and cost backup to a comprehensive report, which would be appropriate as the bases of an expert's report in arbitration/litigation. We will review the documents and situation and advise on an appropriate strategy going forward; importantly this will include the type and detail of any claim, such that it matches both the quality of records and the appropriate strategy. As part of the initial review we will also advise on the strengths and weaknesses of the case.

For more information regarding Claim Preparation, you can contact our offices today.

Loss and Expense Clains

Most forms of subcontract, whether standard or bespoke, allow for 'reimbursement of direct loss and expense. Where such reference is absent, then the claimant still has his rights under common law.'

It is generally considered that the giving of timely and adequate notice by the subcontractor is a condition precedent to recovery of loss and expense. The prudent subcontractor will keep good site records, so that he is able to meet and overcome these challenges.

The principal heads of claim are usually as follows :

Site preliminaries
Head office overheads
Loss of profit
Disruption and loss of productivity
Increased costs (fluctuations) due to fixed price shift
Finance charges
Costs of preparing claims (these costs will not usually be recoverable, unless the parties are in an arbitration scenario)
Practical advice

One cannot over-emphasise the importance of early notice, good records and early forecasts of loss and expense. In short, the aim must be to 'get your claim in the client's budget'.

For more information regarding Loss and Expense Claims, you can contact our offices today.