Claim
Management
A firm that thinks about the issues troubling the infrastructure sector
Claim Risk Evaluation
Performance related Claims
Delay related Claims
Scope related Claims
Differing Site Conditions Claims
Other types of Claims
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Claim Management is our core Expertise where our Experts administer the claims in a formal and structured manner, taking into account Contract background, Project Communication and their comprehensive Technical, Contractual, Planning and Quantum experience.
We have developed a detailed and structured claim preparation, review and verification procedure. Every claim that leaves the office is impartially reviewed by our peers who provide a valuable insight and unbiased view to the subject claim.
Claim Risk Evaluation
An independent and structured assessment of the claim is very popular service, where the Client can decide whether to pursue a formal claim or to try to negotiate some sort of agreement.
A comprehensive report, based on assessment of communication, schedule updates, contract document and other relevant documents, summarizes the risks associated with pursuing the claim.
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The cost of proper and independent review is just a fraction of the claim preparation cost, so we encourage our Clients to undergo through this procedure before they make their final decision.
Scope related Claims
Change Orders Evaluations
Change Orders happen all the time during project life and their proper assessment will determine the success of proposed variations, help in building the claim if agreement could not be reached, and preserve good relation between contractual parties.
Our Team prepares a complete assessment including the impact to the Schedule, Contract Price and overall Project Success.
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Scope Changes Claims
Not all changes during the life of the Project are recognized by the Employer as changes to the original scope. Scope Changes Claims (in some jurisdictions called Constructive Change Claims) occur when the Employer makes a change to a Contractor’s work without recognizing or admitting that it is instructing the change.
Contractors are usually under obligation to carry on with the works following the receipt of work instruction, even in cases when the Engineer does not recognize that the instruction forms the change to original scope. An entitlement to additional compensation and time is not lost, but the Contractor needs to prove that there was a change in the first place and that this change was directly or impliedly ordered for execution.
Here, our Team will advise the Contractor how to properly obtain the instruction, develop a procedure for collection of contemporary records and fulfil all contractual obligations for claim notices.
Quantity Variation Claims
The Contractors usually face problems when the quantity of works change, irrespective of type of the Contract they perform. Establishment of the new unit rates is the challenge for both the As Measured Contract (Design-Bid-Build) and Lump Sum (Design-Build) Contracts. Our Technical, Contract and Quantum Specialists work together to determine the impact to the work process that flows from the changed quantity, evaluate the basis of the unit rates change under the Contract. This results in structured claim preparation process that captures all relevant details necessary for proper claim administration.
Lost Profit Claims
Profit could be lost by inappropriately administered omission and in any case where the profit percentage is not properly stated. This can be part of any other claim where the party is entitled for recovery of lost profit. Our Quantum Team would determine the amount and the Claim Team would justify the entitlement.
Delay related Claims
These are the most common claims, and they are prepared for the Contractor for incurred prolongation costs and for the Employers for liquidated or actual damages. They may be related to late issuing of documents and instructions, delay caused by late site possession, authority approval, and many other reasons found on construction projects.
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Our great experience in Forensic Delay Analysis brings us in front of our competitors, as we are equipped with the proven tools and procedures for assessing the delays and their impact to the schedule (done by our Planning Experts). Responsibility for the delays is assessed by our claim Experts with assistance from the Legal associates.
Acceleration Claims are closely related to both Delay Claims and Disruption / Loss of Productivity Claims. Here, there is an impact of acceleration to the schedule and also an impact to work productivity. A thorough assessment of the schedule and construction records is necessary.
Performance related Claims
Disruption / Loss of Productivity Claims
These types of claims are very difficult to pursue as they are highly dependent on the quality of construction records. Apart from advising the Contractor how to keep all contemporary construction records, our Experts will review the Contractor’s Bid and particularly bid estimate calculations and assumptions including productivity, material quantities, labour rates, contingency, field and head office overhead and profit.
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Then, we would, to the extent possible, compare the planned working conditions with the less productive actual working conditions for measurable scopes of work, determine the causes of the changed conditions and quantify the resulting loss of productivity.
Keeping high quality contemporaneous construction records is key to success especially in respect to labour manhours and quantities installed by unit of time (week / month). We would utilize such data to demonstrate productivity losses in discrete period, out of sequence works or work stoppages.
Ideally, our Team would be involved in the Bid Preparation and development of productivity records and metrics, so if the time for the Disruption / Productivity Loss Claims comes, administering of the claim would be as simple and practical as possible.
Defective Works Claims
Here, the major input would come from the Technical Experts that are sometimes hired for a specific assessment; cooperation with companies specified in such services is established, so the clients can get the highest standard of services. Our Team is, in those cases, responsible for preparation of the Claim Document that incorporates the Expert’s findings.
Bad Weather Claims
Proving an exceptionally adverse climatic condition is not possible without thorough investigation of weather records in the area where the works are done. We have performed various statistics analyses for different meteorological parameters and are ready to properly justify the entitlement due to bad weather.
Impossibility of Performance Claims
Sometimes, the Contractor is not able to proceed with the works as specified. This issue may be related to an over specified equipment, site conditions, change in regulations or mandated working methodology. Proving of these claims needs strong justification of all circumstances that led to impossibility.
Higher input of both Legal and Technical Team is required for preparation of this type of claims.
Differing Site Conditions Claims
This type of claims is very often found in large infrastructure projects and can be related to any material change at site. Difference in the soil bearing capacity, appearance of mud, rocks, boulders, logs, difference in properties of borrowing material, existing utilities, groundwater, fossils, are just some major issues that come under differing site conditions.
Their proper technical assessment and timely administering of notices are extremely important just for the entitlement to pursue the claim. The claim itself is a mixture of various claims such as delay, loss of productivity, acceleration, quantity variation, change of methodology, etc.
Other types of Claims
Termination / Suspension Claims
Suspension of progress, implemented on whole or part of the works have multiple impacts to the works, both permanent and temporary, materials at site, workforce, equipment, subcontractors, suppliers and almost every other aspect or project stakeholder.
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We are ready to mobilize our Team of Experts quickly in order to perform all necessary measures to properly administer these types of claims. Our Legal Associates will provide a considerable input while dealing with these types of claims.
Misrepresentation Claims
This is sensitive fields of claims where one party provides information that is proved to be wrong and this information creates negative impact to other parties.
Superior Knowledge Claims are the subtype of misrepresentation claims; Superior Knowledge is any specific information of matters of substance that may have been withheld by the Employer that, if provided, would have affected Contractor’s Bid Price.
Our Team would perform an extensive research in order to justify if there is any information that falls under this category and would develop the claim that follows from that findings.
Special Claims
These claims include:
• Gross Negligence Claims
• Wilful Misconduct Claims
• Defective and Deficient Contract Document Claims
• Unjust Enrichment Claims
• Breaches of Implied Warranties Claims
can be pursued with help of our Legal Associates that would provide support in legalities of the case for these sensitive legal issues.
Our Claim Management Experts
Nebojsa Pavlovic
Nebojsa has more than 20 years of experience working in major civil engineering and resources, water infrastructure projects throughout the Middle East, Cyprus and Balkans as a designer and as a consultant gaining hands-on experience from the ground up.
Waqar Nazir
A Senior Manager with widespread international experience of 20+ years in Project Management, Dispute Resolution, Contracts / Commercial Administration, Construction Claims, Project Controls, Construction Law, and Forensic Delay Analysis on large-scale construction projects.
Dušan Arbanovski
Civil Engineer with more than 15 years’ experience in the entire project management life cycle starting from market research, bid preparation, design phase, project execution and completion. Currently focused on contract administration, claim management and dispute…