FINAL ACCOUNT AND CLAIM PREPARATION

Construction contracts are becoming more prescriptive in what is required to ensure attainment of all of your rights under the contract. With condition precedents and time bars becoming ever more popular it is important that you provide the correct information at the right time.

Elemental have been involved in the agreement of many final accounts and claims and we can therefore advise on:

• Early analysis of entitlement;
• Identification of contractual breaches;
• Compilation of contemporaneous records;
• Consideration of cause and effect and quantification of breaches;
• Presentation and Service of valid claims;
• Mitigation of loss;
• Submitting and defending claims;
• Negotiation and settlement of claims;
• Progression of claim to Alternative Dispute Resolution.

These can be for matters including cost, time or a change in the working conditions envisaged at the time of entering the contract. Such changes will need to be quantified and presented for consideration by the paying party.  It is for the party presenting the claim to suitably discharge the burden of proof.  The compilation of a clear claim is an invaluable tool for negotiation and settlement.

Elemental understand the law and rights of parties in respect of construction contract claims and the best commercial strategy to tackle such issues. If presented properly the claim can identify the issues between the parties and provide a basis for commercial negotiation and settlement.  Failure to issue the claim in the correct format or in accordance with the contract will only prolong the wronged party’s losses and may result in a loss of right to claim at all.