Claims may be made pursuant to the contract or at law. This section deals with claims related to the contract. For claims which do not relate to expressed contract terms please refer to the disputes section.
The way in which we can assist you with your claim depends on the form of contract. Typically the contract sets out the methods of payment, including but not necessarily limited to:
1. The value of the entitlement and how that is calculated,
2. When the customer may claim,
3. When the customer must be paid,
4. How the customer must go about submitting its claim
Different standard form contracts provide differing conditions for payments, however these may be amended by special conditions.
The Construction Contracts Act 2002 applies to all contracts and fills in the gaps for missing terms in some instances where applicable’
1. Include Form 1 information (this is found within the Construction Contract Regulations 2003, a link is provided on our resources page).
2. be in writing; and
3. contain sufficient details to identify the construction contract to which the payment relates;
4. identify the construction work and the relevant period to which the payment relates;
5. state a claimed amount and the due date for payment;
6. indicate the manner in which the payee calculated the claimed amount;
7. state that it is made under the Act (CCA 2002)
If the claim does not include the required information, then it is deemed invalid”
Types of claim
Claims may include claims for time. Often parties are obligated to complete their obligations or achieve milestones of completion in accordance with an agreed programme or date(s).
Contracts often include the obligation to meet progress milestones and/or to complete works by a certain time’
If events occur beyond the claimants’ reasonable control i.e. if party B prevents Party A from performing its obligations, then Party A may be entitled to claim that lost time.
This means Party B are unable to charge liquidated damages / hold liable Party A liable for the late completion.
Extension of time claims are often complex and require specific methods of expertise when demonstrating the cause and effect of delays.
Other events which may give rise to claim entitlements depend on contract, but may include changes to legislation, changes to the timing of the works, changes to the quantity or type of work, delays and increases in cost.
Covid 19 gave rise to several legislation changes during 2020. These may give rise to variation claims pursuant to the terms of your construction contract.
How long do you have to claim ?
We can advise if the customer has a legitimate claim, and/or if the claim received by the customer is valid, and the associated reasons why.
We can advise any incorrect basis for claim, or the calculations used to arrive at the claimed amount.
We achieve this by assessing the customers information and contract. If the customer does not have a written contract an entitlement may still exist
How can we help ?
We can advise you if you have a legitimate claim.
We can do this by assessing your information and contract. If you do not have a written contract you may still have entitlement, contact us in this instance.
We can advise you of any incorrect basis for contractual or calculations regarding your claim. We can also review the reasons for rejection of your claim and quickly advise you if the rejection is valid or not.
If you do not yet have a claim assembled but feel you have entitlements then we can confirm this for you and produce the claim accordingly.
We can assist you confidentially or can submit the claim and provide subsequent claim negotiation services to meet your needs.
Feel free to get in touch for a no obligation chat with a senior advisor.
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