What is a construction claims consultant?

Read this alongside RICS Ascertaining loss and expense, second edition.

A construction claims consultant is an adviser who helps a party understand, prepare or respond to claims arising from construction work. A claim may concern additional payment, time, deductions, defects or another remedy. The consultant's particular expertise and agreed appointment determine the analysis and support they can provide.

Here, claims consultant means construction claims consultancy, rather than insurance claims handling. It is a professional role within a project or dispute team, not a dispute-resolution procedure. For the practical work and typical outputs, read what does a construction claims consultant do?.

Who do they work for?

A client, homeowner, contractor or subcontractor may appoint one when making a claim or answering another party's demand. An adviser appointed by one party is not automatically the neutral person who decides the dispute. Their appointment should identify the client, issue, authority, deliverables and any conflicts.

How does the role differ from other professions?

There is overlap in measurement, valuation, contracts and records. A quantity surveyor may provide routine cost and commercial support throughout a project. A claims appointment concentrates on an identified entitlement, disputed position, or the evidence needed to make or answer it. A QS with appropriate experience may also undertake claims work; the two descriptions are not mutually exclusive.

For example, preparing an ordinary monthly application is a routine commercial task. Examining why part of that application has been rejected and assembling a supported response may call for a defined claims appointment. The issue and required output matter more than the job title.

Those roles must be checked separately. A claims consultant is not automatically a solicitor, and an appointment does not automatically include legal representation or conducting proceedings. An independent expert appointment has its own duties and requirements. An adjudicator or arbitrator decides matters within the relevant procedure; that is different from advising one party on its case.

Some professionals hold several qualifications or accept different kinds of appointment. Ask which role they are undertaking on this matter, and agree responsibility for specialist planning, engineering and legal input. See which construction adviser do I need? and the comparison of dispute-resolution options.

What qualifications and expertise should you check?

There can be several specialists on the same matter. Commercial or quantum expertise addresses the amounts; planning expertise examines programme effects; technical expertise addresses issues such as design or defects. Some consultants combine skills, but the title alone does not establish competence in all of them. RICS guidance on loss and expense illustrates the need to relate the calculation to the contract and the effects being assessed.

Ask about relevant qualifications, professional membership and experience with the type of claim. Verify any claimed professional status through the relevant body. The role title alone does not establish specialist expertise.

When might you need one?

A disputed payment, change, delay allegation or claim against you may justify a defined claims appointment. The issue may need a short review before a full submission.

Identify the contract, parties, disputed issues, approximate amounts, available records and urgent dates. Ask who will do the work, their experience of similar issues, the proposed output, exclusions, fee basis and checking arrangements. An initial review may reveal that a smaller commercial check or a different specialist is the appropriate next step.

At Quantsurv, claims work provides the agreed figures, evidence and commercial negotiation support. A separately appointed representative conducts proceedings, with legal, planning or technical advice from the relevant specialist. A Claim viability review can define the issue and proportionate next step.