Construction Claims - Identifying Claims

Identify the harm suffered from a breach of a duty owed, as contracts list circumstances that authorize a claim and outline how to recover.

Identify events that give a right to claim and notify the other party seeking relief. Then subject the claim to merits review in the claims determination process.

Identify the claims identification process as the first step in the construction claims cycle, emphasizing recognition of events that justify additional time and/or payment.

Adopt the proactive approach to claims identification and management to reduce missed opportunities, enable timely identification and notification, and track effects for effective mitigation.

Identify the two core parts of a claims identification system: a list of claimable events and the project events that confirm when a right to claim arises.

Identify potential claimable events by analyzing project specifics, the construction contract, and applicable law; recognize that rights may arise from rules of law or contractual provisions.

Identify potential claim events by analyzing the contract provisions that define when delays or other incidents trigger extra time or payment. Use the Red Book to guide claims identification.

Identify and record events that occur during a project to support claims identification, including changed events and circumstances, while identifying information sources and analyzing them to manage project data.

Identify claim events by monitoring information across departments and funnel key changes through a central claims id system, ensuring reporting on changes or deviations from requirements.

Centralize event recording in a cloud or project server document accessible to all departments to identify potential claim opportunities, using a hybrid approach with daily meetings and enforced buy-in.

Analyze events to identify claim opportunities by cross-referencing daily event reports with contract provisions, using a central tracking tool, and distinguishing self-caused delays.

Identify claims when a contract lacks clear claimable events by analyzing owed duties, using express or implied terms, monitoring breaches, and seeking experienced contract professionals.

Implement a simple claims identification system that gains stakeholder buy-in and flags otherwise unseen claims, proving its value as it uncovers opportunities.

Apply the importance of claims identification and establish a system to identify construction claims, supporting your professional development and continued learning.