Construction Claims & Claims Strategy

Most claims are lost not on merit but on discipline — a missed notice, a weak baseline, a record that was never kept. Claims strategy is the work of getting the fundamentals right early, so entitlement is established on evidence rather than argued after the fact.

The claims landscape

Construction claims span several distinct types, each with its own basis and proof:

• Extension of Time (EOT) — time relief for delay to completion (covered in depth under EOT claims).
• Delay claims — the time-related cost that follows excusable, compensable delay.
• Disruption — loss of productivity, where work becomes less efficient without necessarily delaying completion.
• Acceleration — the cost of recovering time, whether instructed or constructive.
• Variations and change — valuing and administering changes to scope.

FIDIC and contract administration

Whether under FIDIC forms or bespoke Employer conditions, entitlement turns on the contract: the mechanism relied on, the notices served and their timing. A meritorious claim can still fail on procedure, so contract administration — notices, records, and the claims machinery — is treated as part of the claim, not an afterthought.

Preparation and assessment

Claims are approached from both sides. On preparation, the goal is a clear, evidence-led narrative linking cause to effect to entitlement. On assessment — the reviewer’s chair — the same rigour tests whether a submission stands up, using the EOT review framework and disciplined forensic delay analysis. The stronger the analysis, the earlier a fair position is reached.

Strategy, dispute avoidance and arbitration support

The best outcome is usually a claim resolved without a dispute — which is why strategy favours early, well-recorded positions over late, adversarial ones. Where matters do escalate, the same evidence base supports negotiation, adjudication and arbitration. This is grounded in real determinations, including an EOT reduced from 291 to an approved 64 days, where the analysis held precisely because it was built to be tested.

This describes professional project-controls and claims practice; it is not legal advice.