nAxiom | Claims n

CLAIMS

Most time and money disputes can and should be resolved without recourse to formal dispute procedures and preserve the Parties commercial relationships. Whenever possible, that goal will always be our driving objective. In order to pursue or defend time and/or money claims, we undertake the Claim Strategy Advice and Implementation and Claim Document Preparation.

Typical Claim Documents

  • Variation and payment
  • Standby
  • Delay (prolongation)
  • Disruption (loss of productivity / price escalation consequential to delay)
  • Finance charges
  • Late / undercertified payments
  • Liquidated Damages / General Damages (and defence)
  • Backcharges


Claim Presentation

  • Generation of the appropriate correspondence leading to claim submission or the correspondence generated to defend against the same.
  • Submission of the appropriate demonstration, this may include :
  1. The appropriate delay analysis (impacted-as-planned / as-built / windows / timeslice);
  2. The appropriate disruption analysis (measured-mile or similar);
  3. The appropriate cost escalation analysis (actual against time or index related);
  4. Visualisations – usually in terms of combining the project timeline with drawings and photographs to demonstrate visually the effect of change / delay in an effective and often non-technical / non-traditional way.


Commercial Closure

  • Development and implementation of strategies to align Parties interests to gain closure
  • Assistance during negotiations.

Sometimes however, formal dispute is unavoidable and hence the claims submissions need to be adjusted to reflect differing dispute forum requirements and then optimised to gain the best settlements.


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