Built to survive scrutiny
A claim is an argument, supported by evidence, tested against a contract. Claims succeed where the entitlement is established, the causation is demonstrated and the quantum follows from both — and where the position is put at a point in the project when it can still be resolved commercially.
What makes a claim stand
Most claims turn on the strength of the argument rather than the existence of the entitlement. A narrow, evidenced claim that addresses causation directly will be assessed on its merits.
We build claims to be examined — and, equally, we assess claims brought against our clients on the same basis, because the analysis required to defend a position is the analysis required to advance one.
How we approach it
Entitlement and extension of time
Establishing what the contract provides for and whether the entitlement remains available — the events relied upon, the notices served or missed, the time bars engaged, and what remains recoverable where the record is imperfect. Extension of time entitlement is developed alongside the notification strategy supporting it, since the timing and framing of a claim frequently determine how it is received.
Delay and disruption analysis
Windows analysis, time impact analysis and as-planned versus as-built, applied to establish causation rather than correlation. Concurrency assessed properly rather than asserted. Disruption analysed through measured mile, productivity comparison or earned value where the records support it, and identified as unsupportable where they do not.
Quantification
Prolongation, disruption, acceleration, variation and loss and expense, quantified against the contract mechanism and the cost record rather than by global assessment. A claim quantified on a basis the contract does not provide for will fail on that ground alone, irrespective of its merit.
Claim defence and assessment
Assessment of and response to claims brought by principals, contractors and subcontractors — testing entitlement, causation and quantum with the same rigour applied to prosecuting a claim, and identifying where a claim brought against a client is genuinely recoverable and better settled than contested.
Security of Payment
Payment claims and payment schedules, adjudication applications and responses, across the security of payment regimes operating in each state. These are strict-timeframe processes in which a procedural failure defeats a sound position, so preparation and response are managed to the statutory dates.
Dispute strategy and resolution
Negotiation, mediation, expert determination, adjudication and arbitration support, including expert witness engagement. The strategy is developed with the commercial objective in view — what a resolution is worth, what it costs to pursue, and at what point settlement is the better outcome.
Knowing when not to run a claim
The most valuable advice is sometimes that a claim should not be pursued. We say so at the outset, rather than after the cost of establishing it has already been incurred.
Who we act for
Principals assessing claims made against them. Contractors and joint ventures prosecuting upstream and defending downstream. Subcontractors pursuing entitlement within a contract they did not write.
Discuss an engagement
An initial conversation carries no obligation. Where StratMonk is not the appropriate fit, we will say so.
Start a conversation
Describe the circumstances and we will advise on the appropriate approach.