Services - Claim Preparation / Defence Appraisal

Regardless of the attempts that may be made to orally agree matters without submitting documentation it is highly likely that there will be inevitable situations whereby formal claims will need to be prepared to evidence contractual entitlement or that formal rebuttals will need to be prepared to defend submitted claims.

Each contract claim is unique to specific circumstances. Generally consideration of each claim will consist of consideration of the contract agreement and the actual facts which at best should be recorded or at least evidenced in some other way. This will enable a breach and/or contract entitlement to be established and the cause and effect evidenced.

Contract Dispute Solutions has extensive and invaluable experience in preparing and defending claims and provides its Clients with early advice as to the best possible solution surrounding contract entitlement, additional time claims and additional cost claims.

Timely consideration and appraisal of any possible claim situation, either making or defending a claim, assists our Clients to make appropriate and correct business decisions which not only impact on the specific project but on the performance of the business as a whole.

Our engagement may include:
  • Advising at the outset, (i) Employer based organisations, (ii) Contractors or (iii) Supply chain such as Subcontractors as to commercial and contract set up so that contract entitlement may be appropriately evaluated or any of the above may at least be best positioned in respect of the evaluation and prosecuting or defending of any claims.
  • Advising throughout the construction and delivery process as to (i) claim defence and (ii) claim entitlement and what is required to discharge any legal burden in respect of making or defending a claim.
  • Advising at the end of the project as to the appraisal of any claim and where appropriate draft rebuttals or claims in a most professional and persuasive manner.
The preparation, rebuttal or appraisal of any claim may form part of the dispute management process and in all likelihood will form part of any Adjudication or Mediation.