Contractual construction claims may be made by: contractors for loss and expense, extension of time, or variations (changes to the contractor’s work); the contractor’s client for poor quality of work or liquidated and ascertained damages (LADs); or external professional contractors for non-payment of fees or breach of copyright.
We are experts in managing construction claims and use our substantial experience to achieve the most successful possible outcome for you, while mitigating delays and cost implications.
Our approach to making a construction claim:
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Establish & Analyse
your entitlement to claim through a thorough review of your contract and the project itself, including a critical examination of any ‘as built’ drawings or extension of time reports and analyse any claim risks
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Assess
strategy options – resolving an issue without recourse to lengthy and costly court proceedings is always the favoured option
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Produce
supporting documentation and a full written report in support of your claim
In the event you may have a contractual claim made against you, we are also here to support you through the process, offering a thorough assessment of the claim accompanied by a review of strategy options and our professional recommendations.
What are liquidated and ascertained damages (LADs)?
Liquidated and ascertained damages (LADs) are damages incorporated within the contract and claimable by the client (i.e. the company or organisation the project is being completed for). Liquidated and ascertained damages are not compensation or a form of penalty. Instead, they are based on careful calculations made prior to the signing of the contract which are recoverable in the event that the contractor is unable to meet the completion date.
In the event that the delay was due to circumstances outside of the contractor’s hands, such as adverse weather or client delays, the contractor can apply for an extension of time. An extension of time entitlement may avoid or nullify a claim for liquidated and ascertained damages.
If you think you may need help with a contractual claim, contact us now.
