In a previous article, I looked at what makes a good claim — cause, effect, entitlement, records and a good story. Knowing the ingredients is one thing; putting them together into a claim that actually gets paid is another. So how does a contractor go from “we think we’re owed something” to a claim document that holds up?
Here is the process I recommend, step by step.
1. Identify the Event or Circumstance Early
Every claim starts life as an event or circumstance — a late instruction, a variation, exceptionally adverse weather, a change in law. The earlier this is flagged, the better. Most standard forms of contract (FIDIC, NEC, JCT) impose strict notice periods, and missing them can be fatal to entitlement, regardless of how strong the underlying case is. Treat every potential event as a claim-in-waiting from day one, not just once it starts to look serious.
2. Check the Contract for the Right Clause
Entitlement comes from the contract, not from a general sense of fairness. Before drafting anything, identify the specific clause that provides the remedy — time, money, or both — for the event in question. This shapes everything that follows: the notice requirements, the information the employer is entitled to ask for, and the basis on which the claim will be assessed.
3. Establish Cause and Effect
A claim is not simply “this happened, please pay us.” It must demonstrate a clear causal link between the event and its impact on time and/or cost. This is where an accepted, regularly updated baseline programme earns its keep — it lets you show, activity by activity, how the event pushed back the critical path or increased the cost of performance. Without it, cause and effect become a matter of assertion rather than proof.
4. Quantify the Effect
Once causation is established, the effect needs to be measured. For time, this usually means a delay or impact analysis using an accepted programming methodology. For cost, it means building up the additional expense — labour, plant, materials, preliminaries, overheads — with supporting records rather than round-number estimates. Assessors and adjudicators respond far better to a substantiated build-up than to a headline figure.
5. Gather the Supporting Records
This is where the groundwork from day one pays off: correspondence, meeting minutes, payment applications, site diaries, instructions and drawings. Pull together everything relevant to the event and organise it so the story is easy to follow. A claim supported by contemporaneous records is far harder to dispute than one reconstructed from memory months later.
6. Write the Narrative
Facts alone rarely persuade — they need to be told as a coherent, logical story. Set out the chronology of what happened, how the contractor responded, and how each piece of correspondence or instruction fits into the wider picture. A clear narrative helps the employer or project manager see the claim as reasonable and well-founded, rather than opportunistic.
7. Submit in the Correct Form and on Time
Finally, check the contract for any prescribed format, level of detail or supporting documentation, and submit within the required timeframe. A well-prepared claim can still be rejected on procedural grounds if it is submitted late or incorrectly, so this last step deserves as much care as the substance itself.
The Bottom Line
A claim that is properly prepared — with a clearly identified cause, a demonstrable effect, contractual entitlement, robust records and a well-told story — is far more likely to be agreed quickly and without dispute. Preparation starts long before the claim is written; it starts with good record-keeping from the first day of the project.