Management of Disruption Claims

From the contractor’s point of view, it is primarily disruptions arising from the client’s area of responsibility that should be looked at, as they form the starting point for follow-up work for the disrupted schedule. The figure above shows the causes for disruptions to construction schedules and their relative frequency. Thirty-two high-rise and turnkey construction projects and eight road and civil engineering projects were analysed for this illustration. It makes it clear that approximately half of the causes for disruptions are directly connected to planning work and changes ordered by the client (contractor claim management).

Claims arising from a disrupted schedule should – whatever the legal grounds for the claim – present the contractor’s entitlements transparently and charge for them accordingly. Such transparency requires detailed documentation that, where possible, should be prepared alongside the construction work. Only with documentation such as this can the presentation be descriptive and clear, as in the figure below. (Client anti-claim management)
It should be noted that the contractor must uphold the originally agreed schedule while factoring in any obstruction-related matters for which the client is responsible. The schedule developed in this way is referred to as the target. Only the additional expenditures calculated based on it are eligible for remuneration and represent the legitimate entitlements of the contractor. Parallel or competing circumstances for which the client is not responsible may, above all, reduce financial entitlements – and, if applicable, also scheduling entitlements.

We can assist you with the assessment and investigation of claims arising from delays to construction schedules.