Claims & Damages Analysis
Experts at identifying, analysing, preparation or rebutting contractual claims, we provide comprehensive support including quantification, presentation, management and assistance with resolution of contractual claims that arise on construction and engineering projects.
Strategic Support
Disputes often arise on projects, and how they are managed can greatly impact outcomes. Drawing on extensive experience with contractual claim analysis, we provide strategic support including quantification, presentation, and assistance with claim resolution. We help clients determine appropriate actions when claims are identified. Early claim detection provides more options to mitigate potential risks and negotiate favorable outcomes before disputes escalate into formal dispute resolution proceedings.
Comprehensive Services
We provide strategic support for the identification, analysis, quantification and presentation of contractual claims. Our expertise covers the full scope of claims management, from early detection through resolution.
Early identification of potential claims provides critical opportunities to gather evidence, preserve documentation and develop strategy. We assist clients in recognizing situations where contractual entitlements have arisen and where claims should be lodged or preserved. Timely notification and documentation are essential to protecting claim entitlements under most construction contracts.
With forensic assessment expertise, we can track, identify and respond to large volumes of information that may form the basis of a dispute - establishing the direct costs associated. We organize project records, identify relevant correspondence and financial documentation, and develop chronologies tracing the events that give rise to claims.
We assist in developing claim strategy addressing issues including scope of work changes, variations, delays, extensions of time, productivity losses, acceleration, corrective work and other compensable events. We evaluate the contractual basis for entitlement, assess the strength of the claim and recommend strategy for presentation and negotiation.
We prepare detailed cost analysis quantifying the financial impact of compensable events. Our analysis addresses both direct costs and consequential costs including preliminary thickening, overhead, financing charges and other extended costs arising from delays or other events.
Claims Expertise
We have extensive experience across all major types of construction claims. Our strategic support spans the full range of issues that give rise to claims on construction and engineering projects.
Analysis of changes to scope of work, evaluation of variation order entitlement and cost impact assessment. We quantify both direct costs and consequential impacts of variations on project performance.
Assessment of delay events, evaluation of extension of time claims and quantification of delay-related costs including extended preliminaries and overhead.
Analysis of disruption events affecting project productivity, quantification of lost productivity, and assessment of compensability under contractual frameworks.
Quantification of costs arising from directed or constructive acceleration, including overtime, additional resources and expediting costs incurred to recover schedule.
Analysis of defective work issues and costs associated with corrective action, remediation and rework required to achieve contract compliance.
Assessment of unexpected site conditions, evaluation of impact on construction methods and costs, and quantification of entitlement to compensation.
Analysis of management issues including inadequate administration, delay in decision-making and other management failings affecting project performance.
Analysis of force majeure events, suspension of work and impacts on project performance and entitlement to compensation or time adjustment.
Analysis of defective contract documents including inadequate specifications, ambiguous terms and drawing conflicts affecting project execution and costs.
Analysis of contractual breaches, wrongful termination or suspension, and assessment of damages arising from breach of contract.
Financial Analysis
We have methodical expertise quantifying costs arising from cost overruns, delays, scope changes, variations, and defective work. This requires experienced analysis of initial estimates, schedules, work sequences and progress management to ensure accurate cost assessment.
We establish clear causal relationships between compensable events and financial impacts. Our analysis demonstrates how specific occurrences directly resulted in additional costs, delays or productivity losses. Clear cause-and-effect analysis is critical to establishing entitlement under most construction contracts.
We quantify direct costs incurred as a result of compensable events. Direct damages include additional materials, labor, equipment and subcontractor costs directly attributable to the event giving rise to the claim. Our analysis traces these costs to supporting financial records and project documentation.
Where delays extend project duration, we quantify extended costs including site preliminaries, on-site management, supervision, equipment rental, overhead allocation and financing charges. Prolongation costs often represent a significant portion of delay-related claims.
We assess and quantify productivity losses resulting from disruptions. Our analysis evaluates whether labor productivity was impacted, whether work sequences were disrupted and whether acceleration or additional resource allocation was required to maintain schedule.
Where projects are extended, we assess cost escalation resulting from inflation. We track labor and material cost increases between original cost estimates and actual construction periods and evaluate entitlement to cost adjustment under contractual frameworks.
Delays often require continued payment of preliminary costs and overhead allocation over extended periods. We quantify appropriate preliminary thickening reflecting the additional time required for on-site management, facilities and administration.
Presentation & Resolution
Effective claims require clear presentation of entitlement, causation and quantum. We assist in preparing comprehensive claims documentation, supporting expert evidence and strategic presentation to support successful resolution.
We prepare comprehensive claims documentation establishing the factual basis for entitlement. Our narrative clearly describes the events giving rise to claims, establishes contractual entitlement, demonstrates causation and provides a roadmap for supporting financial analysis and expert evidence.
We prepare detailed financial schedules and cost analysis supporting claims. These schedules are cross-referenced to project records and clearly demonstrate the basis for cost quantification. Supporting analysis is prepared in clear, understandable format suitable for presentation to opposing parties or tribunals.
We prepare expert evidence supporting claims in appropriate cases. Our expert reports address quantum, delay, disruption and technical issues with clear methodology, transparent reasoning and firm conclusions. Expert evidence strengthens claims presentation in formal dispute resolution proceedings.
We support negotiated settlement of claims through provision of clear financial analysis demonstrating the strength of the claim. Credible claims presentations often facilitate settlement discussions and negotiated outcomes superior to formal dispute resolution.
We analyze opposing claims and prepare detailed responses and rebuttal analysis. Our defense work addresses the strength of alleged entitlement, challenges the factual basis for claimed causation and examines the reasonableness of damage calculations.
We provide ongoing support through mediation, arbitration, expert determination and litigation. Our analysis informs strategy at each stage of dispute resolution and supports clients' efforts to achieve favorable outcomes.
Successful Outcomes
Our claims analysis provides the strategic support needed to develop strong claims, avoid unsound positions and negotiate favorable resolutions. By combining technical expertise with rigorous financial analysis and clear presentation, we help clients achieve successful outcomes on construction claims.
Why Partner With Us
Our consultants have managed construction projects and understand the practical realities of project delivery. This practical knowledge informs our claims analysis and ensures our analysis remains grounded in construction reality rather than impractical theory.
Our cost analysis applies rigorous financial methodology. We trace costs to source documentation, reconcile cost information with project records and ensure all quantified costs are clearly justified and defensible under cross-examination.
We understand various construction contract forms and frameworks. Our analysis assesses contractual entitlement, evaluates claims under relevant contractual provisions and identifies the strongest legal and factual bases for claim support.
We present complex claims in clear, understandable format. Our analysis is organized logically, our reasoning is transparent and our conclusions are clearly explained. This clarity supports successful negotiation and presentation to decision-makers.
