Claim management
Beside the changes of the scope of supply, the scope of performance as well as of the agreed appointments, in particular impediments in the project execution lead to various disturbances. We define your claims resulting of these items preparing the reimbursement of the add-on costs and the lengthening of the contract appointments. We support your team in the negotiation and penetration of these claims towards your client.
No project is realized in the same kind as it was planned and agreed in the contract. Hereby the three essential causes for disturbances of the project execution are
- Changes of the scope of supply and/or of the scope of performance
- Changes of the contract appointments and
- Inverse influences or impediments during the implementation of the scope of performance.
To the changes of the specification mainly belong changes of the contract appointments as well as changes of the scope of supply and of the scope of performance – certain achievements must not be realized at all, some achievements are modified compared to the original planning and other achievements are added although they were not agreed by completion of the contract. These changes of the terms of contract regularly have effects to the agreed contract price and to the agreed contract appointments.
As a result of such changes of the specification add-on costs are caused, for example, in the area of engineering, the implementation planning, the manufacturing and procurement or by the longer use of the site equipment. Changes of the contract appointments require special actions like additional staff, shift work as well as work on Sundays and holidays.
To claim these add-on costs towards the client, the exact capture of all resulted add-on costs is necessary first; this occurs ideally by a project-accompanying Contract management. On the other hand the exact captured costs in each single case have to be linked precisely to the relevant causes. Only the exact capture of add-on costs and the causal linking to the causes create the base for a successful Claim management.
The documentation of claims to lengthen the contract appointments is similar complex. The effect to the contract appointments is to be proved for every change of the terms of contract. The duration of the single disturbance is already captured by the project-accompanying Contract management. . Each change is to be implemented in the affected detail process within the construction schedule. By the linking between the different processes of the construction schedule the effect of the single change of the specification to the contract appointments and, finally, the relevance for the whole project progression becomes recognizable. Even in this case it is important that only the exact description of the single change of the specification combined with its correct implementation into the time schedule forms the basis for a successful Claim management.
Beside the changes of the terms of contract a central meaning comes up to the impediments in the project execution. Typical causes are too late provided planning documents, too late finished works of other lots or defects in the coordination of procedures, so that several lots hinder themselves mutually in the implementation.
The consequences are beside the delays within the execution of construction which must be compensated by acceleration measures, first and foremost add-on costs resulting of standstill and waiting periods, reduced effectiveness in the execution of construction, add-on costs from shift work and surcharges for Sunday and holiday work.
Each of these impediments must be announced and cancelled towards the client by the project-accompanying Contract management in a contemporary way to be able to assert claims regarding to the refund of the resulted add-on costs or to adaptation of the contract appointments.
As well as the changes of the specification the resulted add-on costs and the duration of the disturbance are to be grasped exactly and to be taken into the causal link to the single impediment.
We assure the generation of the exact documentation of your claims to refund the resulted add-on costs as well as your claims to adaptation of the contract appointments. On the base of this documentation we support your team by the negotiation and penetration of the claims.
In this manner we increase your chance to penetrate your entitled claims and to get your money for your scope of performance.
You find an example of the practise in the references.