Get It Right The First Time

I am currently working on a large project and have performed reviews of several claims, most of which have gone through two or more revisions.

The reason for this is that after the claim assessment has been issued, which was based on the information the Contractor submitted with the claim, the Contractor invariably does not agree with it and provides additional information or explanation. The Engineer has a responsibility to take this into account, and this new information has caused me to revise the assessment. Sometimes it has taken several months to gather all the information from the Contractor and conclude the matter.

The point I wish to make here is that if the Contractor had provided all the information and made their arguments clearly within the claim in the first place, the matter could have been settled within weeks rather than months. Sure, the Contractor would have had to put in some extra effort when preparing the claim, but ultimately the responses they were obliged to issue likely took more time to prepare than if they had addressed the matters included in the responses within the original claim.

How can you avoid this with your claims?

• Ensure that the claim is comprehensive and addresses all matters pertinent to the claim.
• Ensure that statements made and facts relied on in the claim are substantiated.
• Think about the arguments you would make if you were reviewing the claim and address them.
• Ensure that someone with no knowledge of the claim reviews it before submission. If this person either does not understand something or would not make an award, you need to make some changes.
• Ensure that the claim is a stand-alone document so that the reviewer has everything needed to make a proper assessment.

In other words, get it right the first time!