Claims Consultation

Claims in construction and engineering projects typically involve seeking additional time or money due to changes or unforeseen circumstances. Disputes arise when these claims lead to disagreements between the involved parties. At IC&R, our experienced consultants are adept at preparing, delivering, analysing, and critiquing all types of quantum and delay claims.

How does IC&R handle Claims and Disputes?

IC&R’s approach to managing claims and disputes involves instilling robust contract management procedures. This allows for presenting detailed and substantiated claims, ensuring maximum recovery of entitlements in terms of time and cost. Our team is proficient in asserting positions and presenting claims comprehensively and professionally.

When should a company consider engaging in Claims and Dispute services?

Companies should consider our Claims and Dispute services when they recognize potential claims building up or when a dispute has already arisen in a contract. This is particularly relevant for Senior Managers and Owners who need to build strength in a claim or navigate the dispute process effectively.

What is the benefit of engaging an external advisory firm such as IC&R, in Claims and Disputes?

In situations where client-contractor positions have become entrenched or the disputes have become personalised, engaging a third-party advisory firm such as IC&R (which isn’t as litigious or escalatory as appointing a legal firm) can help move dialogue and disputes forward. Our work goes beyond strategic advice – we’re proactive in communications and work with you to help achieve your goals in resolution.

Can disputes still arise despite following best practices in contract management?

Yes, disputes can arise even with the best contract management practices. IC&R offers services to review and evaluate the causes and effects of emerging events, preparing appropriate submissions, and presenting a client’s case in claims and disputes. Our expertise lies in handling claims up and down the contractual chain.

What are the objectives in managing Claims and Disputes?

The objectives when managing claims and disputes are to determine reasonable entitlement for extension of time and/or additional payment as per the contract terms. This aids in settling each claim without needing third-party determination or dispute resolution proceedings. In some cases, an employer may pursue damages under the contract based on a correct analysis of the issues.

When does a claim or dispute typically begin in a project?

A claim or dispute begins as outlined in the contract. Most contracts include clauses detailing the timing and content requirements for notices and cost information for claims. Similarly, a dispute clause is often triggered by a notice of dispute within stated timescales, commencing the dispute process.

How does IC&R ensure successful resolution of Claims and Disputes?

Our success in resolving claims and disputes lies in our deep understanding of contract nuances and our ability to present a well-substantiated case. We balance assertiveness and professionalism, with a commercial sensitivity which lay the groundwork for retaining business relationships. We ensure that our clients’ positions are strongly yet fairly represented in all claims and disputes.