It is no secret that poorly written construction claims are one of the main causes of time-consuming and costly disputes.

However, the dispute process often finds in favour of the claimant.

Why is this?

Let’s look at a typical claim and dispute cycle:

1. The claimant submits a construction claim that does not include: Cause, Effect, Entitlement and Substantiation (CEES).
2. The respondent rejects the claim because it does not prove the claimant’s case.
3. Discussions and negotiations take place, but the parties maintain their positions.
4. The claimant is convinced that the claim is a fair one and elevates the matter to a dispute.
5. At this point, the claimant realises that the claim needs improvement. They consult an expert.
6. The expert confirms that the claim is poorly written. They advise that if it has any chance of persuading adjudicators or arbitrators in favour of the claimant, it needs improvement.
7. The claimant engages the expert to improve or rewrite the claim.
8. The adjudicators or arbitrators decide in favour of the claimant.
9. The respondent agrees with the adjudicators or arbitrators, and would have made an award if the claim was properly presented in the first place.

So here’s a question…

Wouldn’t it have been better for the claimant to submit a well written construction claim in the first place, saving all parties time and money?

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