Dispute Avoidance
Claims Management

Change is almost inevitable on complex projects and these changes often cause delays and additional costs to various parties. 

Those organisations that suffer loss through no fault of their own are entitled to compensation under the contract for example in the provision of extensions of time and/ or in the reimbursement of additional costs though the relevant contractual mechanisms.

The quality and substantiation of the claims submissions is obviously key to Dispute Avoidance, by enabling parties to reach agreement on claims prior to any dispute developing.

The 4Sight team have many years of experience in construction claims having produced hundreds of claims documents for various disciplines. 

We believe the Claims Management process is critical in enabling project organisations to progressively compile the required records to enable events to be identified and recorded as and when they occur, as well as for claims to be properly assessed, analysed and particularised.

4Sight have a unique approach to claims management which is underpinned by effective time and cost controls, record keeping and project monitoring and using best practice procedures and technologies, we assist our clients in the recovery of their legitimate time and cost entitlements at all stages throughout the project life cycle.
Claims Management Process: Key Elements

4Sight provide a range of services to help protect, rebut, notify, or prosecute potential claims and disputes on an ongoing basis at all project stages. Our forensic and analytical services are integral to this process.

The key elements of an effective Claims Management Process are as follows: 

(1) Accurate & regular programme updates
    • 4Sight understand the importance of planning and establishing a realistic and dynamic Baseline Programme which is central to effective project controls.
(2) Progress & performance monitoring
    • Regular updating of the programme and resources expended is central to being able to quickly identify delays and potential losses and notify them quickly as required by the Contract.
(3) Detailed and appropriate record keeping  
    • Claims require evidence to prove entitlement. Relevant documents such as correspondence, meeting minutes, progress reports, etc will be required to support a particular claim. It is therefore very important to manage these documents appropriately. 4Sight assist clients in this process and have published papers on the subject.
(4) Provision of contractual claims notices
    • Ensuring steps (1) to (3) above are implemented effectively, provides the necessary information to quickly notify of events and seek a resolution to any negative impacts on the works.
(5) Drafting of contractual letters and responses
    • Responding to correspondence can be a time consuming process. 4Sight can assist the contracts management team with a range of letter and response templates tailored to suit particular contract forms.
(6) Regular assessment of breaches by parties
    • Our years of experience on main contract forms can help identify breaches quickly so effective measures can be taken quickly with a view to avoiding disputes.
(7) Assessment and quantification of claims including:
    1.      Delay & Disruption 
    2.      Loss & Expense
    3.      Damages
    4.      Measurement/valuation disputes
    5.      Final account dispute
    • Please see our advisory and forensic services for further details on methods of analysis.
(8) Claims drafting & presentation
    • The actual drafting and presentation is key to the success of a claim along with rigorous analysis and supporting information. As a general guide claims documents should consist of :
      1. A description of the cause of the event 
      2. The contractual provision being relied upon for the claim and why
      3. The date when the event commenced
      4. The period of the delay and the date of the notice of delay
      5. A summary of the supporting records and particulars
      6. A narrative of the events and effects on progress
      7. Diagrams illustrating the status of the work element prior to the delay
      8. Diagrams illustrating the actual effects of the delay
      9. A clear final statement for claimed entitlement
(9) Strategy Advice
              • 4Sight provide advice and support on the 8 points above, at all stages as required  and help ensure all requirements under the particular contract are complied with throughout the Claims Management Process.
            For further information please contact us.
            Process Mapping
            Clarifying Stakeholder Requirements and Facilitating Transparent Communication

            Process mapping is a systematic approach to visually representing the steps, sequences, and decisions involved in a particular process or workflow. It serves as a powerful tool for understanding and communicating the intricacies of a project, especially when multiple stakeholders are involved. 

            Process mapping can be instrumental in clarifying the requirements of different stakeholders and facilitating transparent communication and collaboration:

            The key elements of effective Process Mapping are as follows: 

            (1) Clarifying Requirements
              • Process mapping lays out the entire workflow in a visual format, making it easier for stakeholders to identify and understand their specific roles, responsibilities, and requirements. This clarity ensures that all parties have a clear understanding of what is expected of them, reducing the chances of misunderstandings or missed steps.
            (2) Transparent Communication
              • A visual representation of a process allows stakeholders to see the bigger picture. It provides a common platform for discussions, ensuring that everyone is on the same page. This transparency in communication is crucial for government departments where clear delineation of roles and responsibilities is paramount
            (3) Collaboration Enhancement 
              • By visually representing the interdependencies and interactions between different steps and stakeholders, process mapping fosters a collaborative environment. Stakeholders can easily identify where their input is needed and how their role fits into the larger process.
            (4) Development of Viable Software Applications
              • In the realm of software development, understanding the process is crucial. Process mapping can serve as a blueprint for developers, helping them design software applications that align with the actual workflow and requirements of the project. This ensures that the software is not only functional but also intuitive and user-friendly, thereby supporting successful project delivery.
            (5) Risk Mitigation
              • By laying out the entire process, potential bottlenecks, redundancies, or areas of confusion can be identified and addressed proactively. This proactive approach reduces the risk of errors or delays in project delivery.
            (6) Stakeholder Alignment
              • Especially in large projects or government departments, where multiple teams or units are involved, process mapping ensures that everyone is aligned towards a common goal. It provides a clear roadmap for how different teams' efforts converge to achieve the project's objectives.
            For further information please contact us.
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