What are construction claims, and which service do I need?
A construction claim is a request for payment, more time or another remedy arising from the work or agreement. It may be a claim you make or one you need to answer.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
The answer
Start with what is disputed. An unpaid assessed sum, an undervalued variation and a demand for repair costs need different evidence and may follow different procedures. Establish the agreement, the event, any running notice dates, the records and the calculation. Keep your claim and the other party’s allegations identifiable; subtracting one figure from another does not establish a right to withhold payment. A claim is not itself an adjudication or court case. Our role is to prepare and assess the figures and evidence, working with a separately appointed representative where proceedings are needed. A planner or technical specialist addresses questions outside that commercial scope.
Example
Illustrative example. The scenario and figures are invented.
The facts
A subcontractor is owed an assessed payment and also receives a claim for damaged finishes.
What happens
- The payment account and the damage allegation are recorded separately, with their notices and response dates.
- The payment evidence is reconciled while the cause, remedial scope and alleged cost of damage are assessed with the appropriate specialist.
The outcome
The subcontractor can identify the help needed for each issue without assuming the two demands cancel each other out.
For overdue payments, see Late Payment Claim; for unpaid changes, Variation Claim; and for a demand against you, Claim and Counterclaim Defence.