Claims and Disputes

Unfortunately claims and disputes tend to be a regular occurrence on construction and engineering projects. The underlying reason for claims include the uncertainties associated with the works and changes to the overall scope of works which coupled with the incomplete nature of contracts results in a conflict between the client and contractor over responsibility for increases in costs and/or delays to project completion.

Our Approach

KPMC can be relied upon to provide independent and objective professional advice - reporting on the strengths and weaknesses of a case. KPMC can carry out the following depending on your own particular needs :

Fact Finding

This is usually the first step we take - Establishing what actually happened, determining the causes and effects and allocating responsibility. The main objective of this exercise is establish the most appropriate course of action and this will based on several factors such :

  • Contract requirements.
  • Information and records available.
  • Time constraints.
  • Budget constraints.
  • Accessibility to the project resource.

Claims and disputes - support services

KPMC will consider a claim together with the pertinent facts to advise you on:

  • Strengths and weaknesses of the existing claim and its methodology.
  • Opportunities for recovering further costs and/or time.
  • Key threats / risks to recovery and possible contingency or mitigatory measures.
  • Further work required to prepare a credible claim submission.
  • How to improving the overall presentation.
  • Necessary work required to bring a claim to arbitration or litigation standard.
  • An appropriate response strategy.
Analysis of delays and associated disruption and prolongation

KPMC can provide forensic planning services to determine both the liability and effects of delaying events and the resulting effect on project completion. We do not have a "one size fits all" approach but tailor the analysis methodology based on the available facts, supporting records and delivery constraints. There are many analysis techniques KPMC can utilise depending upon the nature of the problem to ascertain the likely extension of time entitlement:

  • Impacted as-planned analysis.
  • Collapsed as-built analysis.
  • Time impact analysis.
  • Windows analysis.