Construction Claims – Protecting Time, Cost, and Contractual Rights
Construction claims arise when one party to a contract seeks additional time, payment, or other remedies due to events that have impacted project performance. In large and complex projects, such claims are common and can stem from delays, variations, disruptions, unforeseen site conditions, or breaches of contract.
Effective management of construction claims is critical for safeguarding contractual rights, controlling costs, and avoiding disputes that can escalate into arbitration or litigation.
Common Types of Construction Claims:
Delay Claims – Requests for an extension of time due to events outside the contractor’s control.
Prolongation Claims – Recovery of costs associated with extended project duration.
Disruption Claims – Compensation for loss of productivity or inefficiencies in work execution.
Variation Claims – Adjustments for scope changes, design modifications, or additional work.
Acceleration Claims – Costs incurred in speeding up work to meet revised deadlines.
Key Steps in Managing Construction Claims:
Identify Contractual Entitlement – Reviewing clauses (such as in FIDIC-based contracts) to confirm the right to claim.
Establish Causation – Linking the claim event directly to its impact on time or cost.
Quantify the Claim – Preparing a clear, evidence-based calculation of costs or time entitlement.
Maintain Detailed Records – Keeping accurate schedules, site diaries, correspondence, and change orders.
In the UAE and other high-growth regions, construction claims often involve multiple stakeholders, significant financial stakes, and complex contractual frameworks. A well-prepared claim—supported by forensic delay analysis, quantum assessment, and expert testimony—can be decisive in achieving a successful outcome.
By addressing claim events promptly and maintaining robust documentation, project teams can protect their position, reduce the risk of disputes, and promote smoother project delivery.