Keeping records that explain a construction claim
Useful records let another person follow the event, your obligations and your calculation. A large folder is only helpful when its contents can be understood.
By Jack Butler-Kettle · Updated
Guidance for England and Wales. Check the contract, amendments and facts that apply to your job.
The short answer
Keep original records and connect them to the facts they support. Distinguish what happened, what the subcontract requires and what the figures show. Record uncertainty and contrary evidence as carefully as favourable material.
Build four connected parts
Use a chronology for events, a document index for sources, an issue list for disagreements and a calculation for amounts.
Give each event and document an identifier. A reader should be able to move from a sentence or figure to the record behind it.
The SCL Protocol emphasises transparent information and methodology for delay and disruption. The organising approach here is a practical suggestion, not a prescribed legal format.
Preserve original information
Keep emails with attachments, dated drawing revisions, original photographs and exported project-system records. Retain metadata where possible.
Use working copies for highlighting and calculations. Do not silently edit originals or recreate old notes as if they were written contemporaneously.
If an explanation is written later, label its date and author. Distinguish recollection from a record made at the time.
Test what each record actually proves
An invoice may support expenditure without proving who caused it. A photograph may show a condition without establishing its date or contractual responsibility.
For each disputed issue, list supporting evidence, contrary evidence and missing information. Check quantities and dates against more than one source where available.
For calculations, show units, rates, quantities, assumptions and deductions. Link totals back to source records and check for duplicated costs.
Prepare a usable pack
Choose relevant documents and include an index. Use searchable files, clear names and readable scans instead of sending an unexplained archive.
Keep access controlled and avoid sharing unrelated personal information. Ask about legal privilege before circulating communications with legal advisers.
Procedural disclosure and confidentiality rules depend on the forum and jurisdiction. Check the directions that apply to your dispute.
Example
Fictional example, not a client result. Figures are simplified to explain the point.
The facts
A flooring subcontractor has 200 photos and a £4,800 claim concerning repeated return visits.
What happens
It groups photos by date and area and checks them against site diaries.
It connects each return visit to the instruction or access record and the associated labour entry.
It removes a duplicated labour entry and clearly labels a visit whose reason remains uncertain.
What this shows
The pack becomes easier to test. Better organisation does not turn an unsupported item into an established entitlement.
Sources
- Delay and Disruption Protocol, 2nd edition, February 2017. Society of Construction Law.