Construction Claims

Prepare or Defend a Construction Claim

Preparing or revising a claim? Claim rejected? Need to assess a claim received?

Strengthen the basis for recovery and control exposure with a claim or defence supported by the contract, records, causation and quantum.

Claim rejection review

Claim Rejected or Materially Challenged?

Test the stated reasons before revising, resubmitting or escalating the claim.

Free Preliminary Claim Rejection Review

Establish Whether the Rejection Is Supported

We review the stated reasons against the contract, notices and available records.

You receive a preliminary reasoned opinion on the contractual and evidential merits of those reasons.

What you receive

  • Preliminary assessment of the stated rejection reasons
  • Principal contractual and notice issues
  • Evidential and causation gaps
  • Quantum issues requiring attention
  • Further substantiation required
  • Recommended next steps

The initial review is free of charge.

Claim preparation

Prepare the Claim Before You Submit

Establish the contractual basis, notice position, causation and quantum. Assess programme effects for claims seeking additional time.

Contract and Notices

Establish the Contractual Basis

Identify the contractual basis, risk allocation, notice requirements and time limits governing the claim.

  • Contract and amendments
  • Contractual basis
  • Risk allocation
  • Claim mechanism
  • Notice requirements
  • Time limits
  • Instructions and communications

Facts and Causation

Connect the Event to the Claimed Effect

Build the chronology and test whether contemporaneous records support the event, causation and claimed effect.

  • Event chronology
  • Contemporaneous records
  • Cause and effect
  • Responsibility and risk allocation
  • Supporting correspondence

Time and Quantum

Support Time and Quantum With Evidence

Assess programme effects for claims seeking additional time. Reconcile valuation and additional cost to supporting records.

  • Extension of time
  • Delay
  • Prolongation
  • Disruption and productivity
  • Valuation
  • Additional cost
  • Supporting cost records

Claim Presentation

Present the Supported Claim

Bring the contractual basis, facts, causation, time and quantum into one structured claim with references to the supporting evidence.

  • Contractual basis
  • Factual narrative
  • Evidence references
  • Causation analysis
  • Time analysis for claims seeking additional time
  • Quantum
  • Supporting appendices

Why claims are challenged

  • Contractual basis unclear
  • Notice requirements not addressed
  • Causation not demonstrated
  • Programme effect not supported
  • Records incomplete or fragmented
  • Quantum not reconciled to supporting records
  • Evidential gaps not addressed

What you receive

A Structured Claim for Submission

  • Contractual basis and notice analysis
  • Factual chronology and evidence references
  • Causation analysis
  • Programme analysis for claims seeking additional time
  • Quantum assessment and supporting calculations
  • Claim document and supporting appendices
Claim defence

Test the Claim Before You Respond

Establish the contractual basis, notice position, causation and quantum before accepting, disputing, negotiating or escalating the claim.

Contractual Position

Test Entitlement and Risk Allocation

Test the contractual basis, amendments, notices, conditions and risk allocation relied on.

  • Contractual basis relied on
  • Contract amendments
  • Risk allocation
  • Notice and compliance position
  • Conditions and exclusions

Evidence and Causation

Test the Alleged Cause and Effect

Test the alleged events and causal links against contemporaneous records and programme evidence.

  • Alleged events
  • Cause and effect
  • Project records
  • Programme evidence
  • Evidential gaps

Quantum and Exposure

Test the Amount and Exposure

Assess the claimed quantum, deductions and set off positions. Quantify the commercial exposure supported by the assessment.

  • Valuation
  • Additional cost
  • Prolongation
  • Disruption
  • Deductions and set off
  • Commercial exposure

Response Position

Prepare the Supported Defence

Separate admitted, disputed and unsupported elements. Prepare the contractual, evidential and quantum response.

  • Admitted elements
  • Disputed elements
  • Contractual response
  • Evidential response
  • Quantum response
  • Set off or defence positions
  • Negotiation position
  • Escalation strategy

Common defence problems

  • Claimed entitlement not tested
  • Notice position not tested
  • Claimed causation not tested
  • Programme effect not tested
  • Quantum not reconciled to supporting records
  • Evidence not assembled
  • Commercial exposure not quantified

What you receive

A Structured Defence Position

  • Contractual and notice analysis
  • Evidence and causation assessment
  • Programme analysis where time effects are alleged
  • Quantum assessment
  • Commercial exposure assessment
  • Response and negotiation position
SELECTED MATTERS

Construction Claim Outcomes

Examples of claim preparation, quantum, delay and defence work supporting construction claim positions.

Case study

Delay and Disruption Expert Report for a Joinery Subcontractor

Delay and disruption expert report supports high six-figure adjudication recovery for joinery subcontractor.

Client
Joinery subcontractor
Issue
The subcontractor experienced delay, disrupted access, inefficient working and productivity loss.
Case study

Contractual Defence to a Substantial Damage Claim

Contractual defence limited a mid-six-figure damages claim to a minimal commercial settlement.

Client
HVAC subcontractor
Issue
A substantial damages claim arose following an incident during the construction period.
Case study

Quantum Expert Report for an M&E Subcontractor

Quantum expert report supports high six-figure adjudication recovery for M&E subcontractor.

Client
M&E subcontractor
Issue
The dispute concerned valuation, variations, deductions and payment entitlement.
ICRS Consult

Credentials and Experience

ICRS Consult brings more than 30 years of construction experience across commercial management, contracts, claims, disputes, adjudication and expert appointments.

30+
years' construction
industry experience
MRICS
Chartered Quantity
Surveyor
MCIArb
Chartered Institute
of Arbitrators
JCT, NEC, FIDIC
and bespoke
contracts
  • LLM in Construction Law and Arbitration
  • Expert appointments in arbitration, litigation and adjudication
  • Expert witness in professional negligence proceedings
  • Advanced Professional Award in Expert Witness Evidence
  • UK and Middle East project experience across JCT, NEC and FIDIC contracts
Contract frameworks

JCT and NEC Contract Support

We assess claims and compensation events against the contract actually agreed, including amendments.

JCT Claims

Extension of Time, Loss and Expense, Change and Payment

Prepare or assess claim positions under the JCT form, contractual notices and amendments actually agreed.
  • Relevant Events
  • Extension of time
  • Relevant Matters
  • Loss and expense
  • Notices and particulars
  • Changes and variations
  • Payment and valuation
  • Final account

NEC Compensation Events

Notification, Quotation, Assessment and Programme Effects

Prepare or assess compensation events through the contractual notification, quotation, assessment and programme mechanisms.
  • Early warnings
  • Compensation event notifications
  • Contractual time limits
  • Quotations
  • Defined Cost and Fee
  • Completion Date and Key Dates
  • Accepted Programme
  • Project Manager assessments
  • Implementation

An early warning and a compensation event notification perform different contractual functions.

We review amended and bespoke contracts against their actual wording.

Claim scope

Claims We Prepare and Defend

ICRS prepares, assesses and defends claims for time, additional cost, productivity loss, change, valuation, payment and damages.

  • Time and Delay Claims

    Extension of Time and Programme Impact

    • Extension of time claims
    • Delay analysis
    • Critical delay
    • Concurrent delay
    • Programme impact
    • Acceleration and mitigation
  • Prolongation and Loss and Expense

    Additional Cost Arising From Delay

    • Prolongation costs
    • Loss and expense
    • Site overheads
    • Extended preliminaries
    • Head office overheads
    • Delay related additional cost
  • Disruption and Productivity Claims

    Loss of Productivity and Inefficient Working

    • Disruption claims
    • Loss of productivity
    • Labour inefficiency
    • Plant inefficiency
    • Resequencing
    • Restricted access and working areas
    • Acceleration related productivity loss
  • Variation and Change Claims

    Additional Work, Scope Change and Valuation

    • Variations
    • Additional work
    • Changes in scope
    • Design changes
    • Instructions
    • Valuation of changed work
    • Time and cost effects of change
  • Payment and Final Account Claims

    Valuation, Deductions and Outstanding Sums

    • Interim valuation
    • Final account
    • Retention
    • Disputed deductions
    • Set off
    • Contra charges
    • Outstanding payment
  • Damages and Contractual Claims

    Breach, Defects, Termination and Damages

    • Breach of contract claims
    • General damages
    • Defect and damage claims
    • Suspension claims
    • Termination claims
    • Liquidated damages positions
  • Claim Assessment and Defence

    Test Entitlement, Causation and Quantum

    • Claim assessment
    • Contractual entitlement
    • Notice and compliance
    • Causation
    • Programme analysis
    • Quantum assessment
    • Claim rebuttal
    • Set off and defence positions
    • Negotiation strategy
Client Feedback

What Our Clients Say

Very experienced in claims preparation and defence and has provided valuable advice on complex contractual matters. I would recommend the professional and strategic approach to the resolution of construction claims and disputes.

Contracts ManagerInternational Rail Contractor

His technical understanding, level of investigation, and analysis together with the ability to come up with the substance of the case undoubtedly make him the best choice of consultant in the field.

Commercial ManagerM&E subcontractor

Highly experienced in the preparation of construction claims. He produced a very clear and comprehensive EOT claim for us.

Commercial ManagerInternational Main Contractor

A highly experienced claims practitioner who has an in-depth understanding of complex construction claims.

General ManagerMain Contractor

I reviewed an EOT claim prepared by Matt and his team. It was to a high standard which made it easy to follow and evaluate.

Senior Project ManagerDeveloper

Discuss Your Construction Claim

Preparing or revising a claim, dealing with a rejection or assessing a claim received? Establish the supported position before the next step.

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03300 569 011

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info@icrsconsult.com
Construction Claims

Tell Us About the Claim

Give us the initial details and tell us what you need. We aim to respond within 24 hours.