The very nature of construction and engineering means that even the best planned projects may encounter unforeseen circumstances that result in time and/or cost claims. In such circumstances, the success of the project will ultimately depend on how such claims are managed, documented and dealt with.
MADE personnel have the necessary range of expertise to help analyse the often-complex liability, causation and damage components that make up a claim.
MADE’s personnel have the technical and contractual knowledge to conduct a detailed analysis of the claims, and to break them down event by event and issue by issue, in order to particularise the claim.
By reviewing and analysing all relevant project reports, contemporaneous documents and performance data, our team can help get to the root of any dispute and set out the claim in a succinct and logical manner so that those in receipt of it can immediately understand the problem and so encourage early resolution.
The Claims Management process can be divided into 4 related areas:-
Initial Claim Evaluation
Even in the most complex and protracted of challenges, MADE will, visit a project, review the circumstances and give clients a focussed, rapid and honest appraisal of their contractual and commercial position at that time.
MADE will then discuss the report, understand what the client’s specific objectives are and then identify possible options and recommendations based on their relevancy, credibility, robustness, time and cost.
Project strategies can then be developed in conjunction with the client’s project team and key decision makers so that the most sensible, strategic and cost-effective solution can be agreed that works for the client’s business.
A structured and inclusive approach ensures the optimum solution is developed, task-focused actions are set, and timescales are agreed for a product orientated delivery.
Identify compensation events that give rise to an entitlement to additional time and/or direct loss and expense (cost, damages)
Issue Contractual Notices
Compile and Manage Schedule of Claims
Produce Detailed Particulars and Interim Updates in support of Contractual Notices
Claims for Quantum
Cost Impact Analysis. MADE uses proven practices and judicially approved methods to ensure costs have been rigorously audited and that there is a causative link between the compensable event(s) arising and the damages claimed.
MADE keeps their cost to a minimum by adopting the client’s costing systems and utilising the skills and expertise of the client’s own in-house resources to help produce the contemporaneous backup documentation necessary to support robust and fully particularised cost claims. This increases the possibility of success, which in turn helps to encourage an early resolution.
MADE understands that time and money are intertwined and thus ensures that there is a strong interface between damages (cost) and forensic programming delay analysis (time).
MADE can develop, refine and strengthen cost claims by using proven valuation principles and rate arguments; legal principles and information necessary to justify a loss of overhead contribution claim; and recovery of Head Office Overheads (also referred to as offsite overheads or G&A costs)
Finance costs for late certification, under-certification, late payment, late release of retention, funding cash flow deficit.
Best practice approaches to justifying loss of productivity claims, contract prolongation costs and activity prolongation costs.
Claims for Time and/or Loss of Productivity
MADE consultants have proven experience of implementing all of the recognised and judicially accepted methods of Forensic Delay Analysis and Disruption/ Reduced Rate of Productivity Analysis
MADE will identify and establish the relationship and links between cause and effect by using forensic planning analysis supported by the latest software, spreadsheets, databases and sophisticated methods of sourcing, retrieving and cross referencing all relevant contemporaneous records and information.
Utilisation and Interpretation of project data to produce Planned vs Actual Performance Comparisons and As Built Schedule Development
MADE keeps their cost to a minimum by adopting and/or adapting the client’s reporting systems and utilising the skills and expertise of the client’s own in-house resources to capture and collate the contemporaneous progress information necessary to support robust and fully particularised extension of time and disruption claims. This increases the possibility of success, which in turn helps to encourage an early resolution.
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