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Defects, Damage and Remedial Cost Claims & Defence

Facing a claim for defects, damage or repair costs, or seeking those costs from another party? We assess the figures and evidence alongside your technical specialist and representative.

Updated: . By Jack Butler-Kettle, Construction Claims Consultant.

England and Wales. Other jurisdictions assessed individually.

The problem

A repair claim can mix disputed responsibility, necessary work, improvements and unsupported costs. You need a clear assessment of what is alleged, what the technical evidence supports and how the amount has been calculated.

The solution

We organise each allegation, compare the claimed remedial scope with the technical evidence, and assess labour, materials, plant, preliminaries and credits. The same evidence-led approach supports a claim you are making or a response to one against you.

Your appointed technical specialist determines cause, compliance and the appropriate remedial solution. Your representative and solicitor address liability, procedure, applicable time limits and settlement wording. Check insurer requirements before admissions, remedial commitments or offers; we do not provide design assurance or insurance advice.

To reduce the risk on future jobs: Claims Risk Prevention.

What you get

You receive the traced assessment, indexed evidence, assumptions, response record and clear next responsibilities. The outcome may be payment, a revised position, withdrawal or an unresolved dispute; none is guaranteed. Practical prevention actions are agreed with a named owner, check and review date.

Includes a Handover Pack: key dates and sources, next steps, likely responses, scope limits and any ready-to-send letters.

Fee: A fixed fee covers the agreed figures-and-evidence work. Specialist appointments, proceedings and any later support stage are separately scoped and priced before that work starts.

Turnaround: the action timetable is agreed against the actual deadlines and available records. Enquiries receive a same-day response; substantive work starts only after capacity and instructions are confirmed.

How it works

  1. Claim stage: Event

    You explain the issue and agree the scope

    We check fit and conflicts, agree responsibilities and the fixed fee, then you authorise the work and provide the records.

    What you get: A written scope, responsibilities, fixed fee and timetable

    • A

      The agreement and allegation

      The operative subcontract, amendments, any warranty relied on, claim correspondence and particulars of each allegation.

      Where to find it: Your commercial file and the party making the allegation.

      Why we need it: The operative terms and precise allegation define what is being disputed.

      How we will use it: We build the allegation schedule and identify legal questions for your representative.

    • B

      Technical and quality records

      Specifications, drawings, inspection and test records, handover documents and any independent technical opinion.

      Where to find it: Your design, quality and inspection teams, and appointed technical specialist.

      Why we need it: Responsibility and necessary repairs depend on competent technical evidence.

      How we will use it: We link the appointed specialist’s opinion to each allegation and its cost assessment.

    • C

      Site condition and remedial proposals

      Dated photographs, access records, proposed repair scope and evidence of any inspection or opportunity to remedy.

      Where to find it: The site team, dated project records and the proposed remedial contractor.

      Why we need it: The condition and proposed scope determine what work is necessary and whether improvement is included.

      How we will use it: We compare the proposed remedy, inspection opportunities and pre-repair evidence.

    • D

      Claimed costs and supporting records

      The itemised demand, estimates, invoices, labour and plant records, payment evidence and any credits.

      Where to find it: The claimant’s itemised demand and your finance, project and procurement records.

      Why we need it: A demand needs more than a total to show what was incurred or forecast.

      How we will use it: We reconcile quantities, rates, invoices and credits and identify unsupported or duplicated cost.

    • E

      Your response and other relevant claims

      Replies, instructions, alternative quotations, disputed facts and related claims that could overlap.

      Where to find it: Your correspondence file and appointed advisers.

      Why we need it: Previous replies and overlapping claims can affect the assessment and settlement position.

      How we will use it: We record disputed facts, possible overlap and issues requiring representative or insurer advice.

    • F

      Deadlines and adviser details

      Original notices and proceedings, known response dates, your representative and technical specialist, and relevant insurer notification requirements.

      Where to find it: Your representative, insurer or broker and original correspondence.

      Why we need it: Live procedural, contractual and insurer requirements determine who must act and when.

      How we will use it: We preserve original notices, record the responsible adviser and flag uncertain deadlines for confirmation.

    Copies are fine. Send what you have and we will tell you what's missing.

  2. Claim stages: Notice, Entitlement, Evidence and Quantum

    We assess the records and figures

    We check the evidence and assess the figures on the basis confirmed with your appointed specialists and representative.

    What you get: A traced assessment with assumptions and disputed items

  3. Claim stage: Assembly

    We set out the position and options

    You receive the assessment, open questions and proposed evidence. We keep private settlement instructions separate.

    What you get: A recommended position and submission evidence

  4. You approve what goes out

    You approve the proposed submission or response, with legal wording and any insurer consent checked before issue.

  5. Claim stage: Resolution

    We support the response and close-out

    We assess replies, record the result and outstanding matters, and agree the practical controls to address the causes.

    What you get: An outcome record and prevention action plan

We hand over the assessment and next steps

See the full outcome in What you get.

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More on this claim: Problems, Tips, FAQs.