Contract claims procedure
Contents |
[edit] Introduction
The process for making claims under a construction contract typically involves several key steps to ensure they are made in accordance with the contract terms and that they are properly documented and substantiated. This article presents an outline of common procedures, but ultimately the process required will depend on the exact wording of the contract and the application of relevant legislation such as the Housing Grants, Construction and Regeneration Act.
[edit] Identify the basis for the claim
Claims can arise from a number of situations, such as:
- Variations or changes to the work scope.
- Delays and disruptions.
- Unforeseen site conditions.
- Non-payment or late payment.
- Breach of contract terms.
For more information see: Contract claims.
[edit] Review the contract
Carefully review the construction contract to understand:
- The types of claims that can be made.
- The notice requirements.
- The time frames for submitting claims.
- The specific procedures for making a claim.
- The documentation required.
[edit] Notification
Most contracts require prompt notice of a claim. This notice should include:
[edit] Document the claim
This may include:
- Detailed records of the work performed.
- Correspondence (emails, letters).
- Site diaries and logs.
- Photographs and videos.
- Statements from witnesses.
- Schedules and programs.
[edit] Prepare the claim submission
Prepare a formal claim document, which typically includes:
- An introduction and summary of the claim.
- A detailed description of the events leading to the claim.
- The contractual basis for the claim (citing relevant contract clauses).
- Supporting documentation and evidence.
- Calculations of the claim value (e.g., costs incurred, delay impacts).
[edit] Submit the claim
Submit the claim to the other party (e.g., the employer, main contractor) in accordance with the contract’s procedures. Ensure that the submission is timely and includes all necessary documentation.
After submitting the claim, there may be a period of negotiation and discussion. The goal is to reach an agreement on the validity and value of the claim. This may involve:
- Meetings and discussions between the parties.
- Clarification and provision of additional information if requested.
- Adjustments to the claim based on feedback.
If the claim is not resolved through negotiation, the contract will typically provide for dispute resolution mechanisms, which may include mediation, adjudication (a statutory process under the Housing Grants, Construction and Regeneration Act 1996), arbitration or litigation.
[edit] Related articles on Designing Buildings
- Adjudication.
- Alternative dispute resolution.
- Arbitration.
- Contract claims.
- Construction contract.
- Dispute avoidance.
- Dispute resolution.
- Disruption claims in construction.
- Evaluation of claims.
- Housing Grants, Construction and Regeneration Act.
- How to prepare a claim for an extension of time.
- Mediation.
- Scheme for Construction Contracts.
Featured articles and news
Shading for housing, a design guide
A look back at embedding a new culture of shading.
The Architectural Technology Awards
The AT Awards 2025 are open for entries!
ECA Blueprint for Electrification
The 'mosaic of interconnected challenges' and how to deliver the UK’s Transition to Clean Power.
Grenfell Tower Principal Contractor Award notice
Tower repair and maintenance contractor announced as demolition contractor.
Passivhaus social homes benefit from heat pump service
Sixteen new homes designed and built to achieve Passivhaus constructed in Dumfries & Galloway.
CABE Publishes Results of 2025 Building Control Survey
Concern over lack of understanding of how roles have changed since the introduction of the BSA 2022.
British Architectural Sculpture 1851-1951
A rich heritage of decorative and figurative sculpture. Book review.
A programme to tackle the lack of diversity.
Independent Building Control review panel
Five members of the newly established, Grenfell Tower Inquiry recommended, panel appointed.
Welsh Recharging Electrical Skills Charter progresses
ECA progressing on the ‘asks’ of the Recharging Electrical Skills Charter at the Senedd in Wales.
A brief history from 1890s to 2020s.
CIOB and CORBON combine forces
To elevate professional standards in Nigeria’s construction industry.
Amendment to the GB Energy Bill welcomed by ECA
Move prevents nationally-owned energy company from investing in solar panels produced by modern slavery.
Gregor Harvie argues that AI is state-sanctioned theft of IP.
Experimental AI housing target help for councils
Experimental AI could help councils meet housing targets by digitising records.
BSRIA Occupant Wellbeing survey BOW
Occupant satisfaction and wellbeing tool inc. physical environment, indoor facilities, functionality and accessibility.