Contractual Claims

It is not uncommon for matters to arise during a construction project that change the cost, time or working conditions envisaged at the time of entering the contract.

Such changes will need to be quantified and presented for consideration by the paying party. It is for the party presenting the claim to suitably discharge the burden of proof. The compilation of a clear claim is an invaluable tool for negotiation and settlement. However, if a party refuses to acknowledge responsibility it is important that the claim is sufficiently particularised to ‘adjudication standard’ so that if it remains unresolved it may be immediately referred to a third party for a decision.

What can Elemental Provide?

Elemental have significant expertise in the compilation of claims under construction contracts. If there is any event that may give rise to a claim on your works Elemental can advise you on:

  • Early analysis of entitlement
  • Identification of contractual breaches
  • Compilation of contemporaneous records
  • Consideration of cause and effect and quantification of breaches
  • Presentation and Service of valid claims
  • Mitigation of loss
  • Submitting and defending claims
  • Submitting and defending claims
  • Negotiation and settlement of claims
  • Progression of claim to Alternative Dispute Resolution

Elemental understand the law and rights of parties in respect of construction contract claims and the best commercial strategy to tackle such issues. If presented properly the claim can identify the issues between the parties and provide a basis for commercial negotiation and settlement. Failure to issue the claim in the correct format or in accordance with the contract will only prolong the wronged party’s losses and may result in a loss of right to claim at all. It is important to maintain complete contemporaneous records to justify any claim and with good records you have the best chance of achieving a settlement and avoiding costs in a resolution process.