Managing claims and disputes
on complex construction projects
Equitas assists contractors, employers and project teams in the preparation, defence and management of construction claims and disputes. Our work focuses on structuring claims properly, organising project records, developing entitlement positions and managing disputes before they escalate to formal proceedings.
From project issues
to structured claims
Construction disputes rarely start as disputes. They begin as project issues — design changes, delayed information, access restrictions, variations, acceleration, disruption and payment problems. If these issues are not managed properly during the project, they later develop into formal claims and disputes that are far more difficult and costly to resolve.
Equitas assists project teams in managing this process — from identifying claim events and maintaining proper records, through to preparing structured claims, responses and dispute submissions. Our work combines contract interpretation, delay analysis, quantum assessment and project record review to build claims that are properly structured, evidentially supported and commercially realistic.
The objective is not simply to produce large claim documents, but to develop positions that can be negotiated, determined by the Engineer, presented to a dispute board or pursued in arbitration or adjudication if necessary.
“The strongest claims are built on evidence, not assertion. We develop positions that are commercially realistic and evidentially defensible.”
Early and structured engagement with claim events — before records are lost and positions harden — is almost always more effective than retrospective claim preparation. We assist clients at both stages, but the earlier the better.
Claims and dispute
management services
We provide the full range of claims and dispute management services required across the lifecycle of a construction project dispute.
Claims Preparation
Preparation of extension of time claims, disruption claims, variation claims and cost claims, including contractual entitlement assessment, delay analysis and quantum assessment. We structure claims to address the specific requirements of the contract and the forum in which they will be presented.
Claims Defence
Review and defence of claims submitted by the opposing party, including contractual analysis, delay review, quantum review and preparation of response submissions. We identify weaknesses in the opposing position and develop structured, evidence-based responses.
Contractual Advisory
Advice on contract administration, notices, claim procedures, Engineer’s determinations and dispute clauses, particularly under FIDIC contracts. We assist clients in understanding their contractual obligations and rights before positions become entrenched.
Dispute Management
Assistance in managing disputes during the project, including strategy, correspondence, meetings, negotiations and preparation for dispute boards or arbitration. We help clients navigate the escalation process without losing sight of the commercial objectives.
Commercial Strategy
Development of commercial and dispute strategy, including assessment of claim value, risks, negotiation positions and dispute resolution options. We provide clear, commercially grounded advice on the realistic prospects and costs of pursuing or defending a claim.
Settlement Support
Support in negotiations and settlement discussions, including claim valuation, scenario analysis and preparation of settlement positions. We assist clients in achieving commercially realistic outcomes without unnecessary escalation to formal proceedings.
How we manage
claims and disputes
Issue identification
Identify claim events, contractual issues and potential entitlement early — before records are lost and the opportunity for contemporaneous documentation passes. Early identification changes the quality of everything that follows.
Record and evidence review
Review programmes, correspondence, site records, cost records, instructions and contemporaneous documents to establish the factual foundation for the claim or defence. The strength of any claim depends on the quality of this review.
Entitlement and delay analysis
Assess contractual entitlement, delay impact, responsibility and critical path effects to establish what can be properly claimed and supported under the contract and on the facts.
Quantum and valuation
Assess financial impact — prolongation costs, disruption, acceleration and variation valuation — grounded in the project cost record and structured to address the specific entitlement basis established under the contract.
Claim or dispute strategy
Prepare claim submissions, responses, negotiation strategy or dispute board referral in a form appropriate to the forum, with attention to commercial objectives, evidential strength and realistic prospects of resolution.
“The records that support a claim are created during the project — not after it.”
Construction claims are won or lost on contemporaneous project records — programmes, correspondence, instructions, site diaries, cost data. Those records exist during the project. Once the project ends, records are harder to find, witnesses lose recall and the opportunity to maintain a proper evidential foundation is gone.
Engaging Equitas early — during the project, when claim events are emerging — is almost always more effective than retrospective claim preparation. We can advise on record-keeping, notice obligations and entitlement positioning while the project is live.
Construction claims
we advise on
We advise across the full range of claim types arising on construction and engineering projects.
Delay claims for additional time arising from employer risk events, variations, unforeseen conditions and other contractual entitlement grounds.
Time-related cost claims for extended site presence, preliminaries, head office overhead and finance costs arising from qualifying delay events.
Productivity loss claims arising from changed working conditions, out-of-sequence working, overcrowding and other disruption events.
Claims for additional costs arising from instructed or constructive acceleration to recover delayed completion dates.
Valuation and pricing disputes arising from variations, including additional work, omissions, changed conditions and scope disputes.
Claims for direct loss and expense arising from employer default, breach of contract, late information and other contractual entitlement grounds.
Claims arising from physical conditions encountered during the works that could not reasonably have been anticipated at tender stage.
Assessment and preparation of claims arising from termination of contract, including payment for work done, loss of profit and demobilisation costs.
Ad-hoc instructions or standing project retainer.
The claims and dispute management services on this page are available as targeted instructions when a specific issue has arisen. For contractors on live projects who want claims support built in from the outset — rather than assembled retrospectively — the same capability is available as a standing monthly retainer, covering all claim-related decisions as the project develops.
View Project RetainerNeed help with a construction claim or dispute?
Contact Equitas to discuss your project, the claim situation and how we can assist in developing or defending your position.