Claims Consultancy

Claims Consultancy

BY: CHRIS GRAHAM
DIRECTOR

No matter how carefully a construction project is planned, conflicts and disputes can often arise. BCQS’s claims consulting services are tailored to achieve the best possible outcome for our clients by safeguarding their contractual position and in turn maximising commercial returns. 

Claim Management

BCQS’s claims management services involve the formation of a structured claims strategy and tactical advice on the measures to be implemented to prosecute or defend claims successfully.

Our approach is to discuss the client’s specific objectives and desired outcomes and then formulate a recommended strategy to achieve them. Once a consensus is reached, the strategy is then implemented based on pre-agreed time-scales and resource levels.

Claim Preparation and Analysis

One of BCQS’s specialist business areas is the preparation and analysis of construction contract claims on behalf of our clients.

Our claim preparation and analysis services include:

  • Contractual health checks and claims strategies
  • Extension of time and prolongation claims
  • Acceleration claims
  • Disruption and loss of productivity claims
  • Variation claims
  • Advice on termination and suspension and remedies regarding payment default
  • Breach of contract and damages claims
  • Other monetary claims
  • Ex-contractual claims

 

Our claim preparation process always adheres to the following distinct fundamentals to maximise the chances of success:

  • Identification of events and circumstances;
  • Identification of party liable;
  • Establishment of contractual entitlement and basis of the claim;
  • Compliance with notice requirements and other procedural mechanisms;
  • Establishment and particularization of cause and effect;
  • Preparation of delay analysis (for extension of time claims) using a suitable methodology; and
  • Compilation of substantiation and all pertinent evidence.

 

We also undertake the analysis of contractual claims on behalf of clients. This analysis involves a balanced review of the basic claim fundamentals set out above, intending to identify any weaknesses in the establishment of cause and effect, failure to identify contractual entitlement, inappropriate analysis methodologies, any failure to comply with notice requirements and lack of substantiation.

Delay, Disruption and Acceleration

Our delay, disruption and acceleration services include:

  • Analysis of baseline programmes and review of their completeness;
  • Review of updated/as-built programmes;
  • Delay analysis using the most appropriate methodology;
  • Acceleration programme analysis and preparation;
  • Disruption evaluation, including analysis of production rates.

 

In broad terms, the analysis of delays can be divided into two categories, Prospective methods, where the analysis predicts the effect of delays based on retention of theoretical logic within the baseline programme, and Retrospective methods, which are largely based on actual events.

The selection of the most appropriate method is primarily dependent upon the point in the project life-cycle at which the analysis is undertaken. BCQS’s delay analysis services are therefore tailored to suit the status of the project as well as the specific requirements of the client.

Quantum

Our teams of RICS Chartered Surveyors and Cost Managers form the core of the quantum preparation services, which include:

  • Identification of contractual entitlement to recover cost and/or value;
  • Preparation of cost claims (including prolongation, acceleration and loss of productivity costs);
  • Valuation of variations;
  • Analysis of tender rates and escalation costs;
  • Preparation of damages claims.

 

When establishing the cost effect of contractual claims, it is necessary to provide detailed evidence to support the amounts claimed. BCQS’s quantum services include the detailed review and analysis of all available contemporaneous cost data and the presentation of such data in an auditable and logical manner.