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.

How we can help

Our professionals are highly experienced in providing advice and assistance contract management procedures to reduce the likelihood of disputes arising. We have extensive knowledge and experience in the preparation, appraisal, defence, negotiation and management of claims for:

  • Extension of time.
  • Prolongation.
  • Disruption.
  • Acceleration.
  • Loss and expense.
  • Variations.

Our Approach
KPMC leverage its skills and experience when analysing contractual liability and causation and quantifying the associated effects when pursuing or defending claims to advise you on:

  • Strengths and weaknesses of the existing claims and the methodology adopted.
  • Opportunities for recovering further costs and/or time.
  • Key threats to recovery and possible contingency or mitigatory measures.
  • Further work required to prepare a credible and robust claims submission.
  • Support with negotiation and claims settlement discussions.
  • Expertise to take disputed claims to adjudication, arbitration or litigation proceedings.
  • Defending and rebutting claims.

Analysis of delays and associated disruption and prolongation

KPMC provides expertise in forensic planning services to determine both the liability and effects of delaying events and the resulting effect on project completion and Extension of Time entitlement.

Our approach to the analysis methodology based on the available facts, supporting records and delivery constraints and our experts have experience in various methodologies such as Time Impact Analysis and Windows Analysis for the analysis of delay claims.

Our typical analysis of programme delays entails:

  • Understanding and validating the as-planned programme i.e. the intended sequence.
  • Determination of the as-built programme and how the project actually progressed.
  • Identifying the main delay events that have contributed to critical delay
  • Causal Analysis to determine what, if any, critical impact delay events on the project delivery as well as understanding how other factors such as poor progress contributed to the actual delay.
  • Final having undertaken the causal analysis and determined liability the associated damages (delay, disruption and/or prolongation) can be ascertained.

For more information on our Claims and Dispute services please contact: