Harper James advises developers, contractors and businesses on construction disputes under the laws of England and Wales. A strong construction claim depends on proving both entitlement, meaning the contract gives a right to relief, and evidence, meaning the records establish what happened, why it happened and the financial effect.
Identify the relevant clause before calculating the claim. Common entitlements include an extension of time, loss and expense, payment for a variation, compensation for disruption, or damages for breach. Check notice requirements, time limits, contractual conditions and any obligation to keep records. JCT and NEC contracts treat notices, programme information and payment records differently, so a claim that is valid under one form may fail under another if the required process is not followed. For a wider review of construction dispute issues, see this practical construction claims resource.
Contemporaneous evidence usually carries more weight than a reconstruction prepared after the dispute begins. Keep signed site instructions, drawings, requests for information, progress photographs, delivery records, labour and plant logs, meeting minutes, programmes, updated critical paths, payment applications and records of rejected work. Link each event to the relevant contract provision. For delay, show the planned activity, the delaying event, its effect on the critical path and the resulting completion date. For loss and expense, connect the event to identifiable costs rather than presenting unexplained totals.
A well-organised claim answers three separate questions. First, what contractual or legal right has been triggered? Secondly, did the relevant event cause the delay, disruption or additional cost? Thirdly, how much is recoverable under the contract? Keep valuation schedules, invoices, timesheets and subcontractor records consistent with the narrative. Do not include losses that the contract excludes, costs caused by the claimant’s own acts, or amounts already paid through an interim valuation.
Adjudication remains a fast route for many construction payment and delay disputes, but speed makes preparation important. A party that assembles its documents only after receiving a notice loses valuable time. Maintain a live claims register, preserve original electronic records and record decisions made on site. Digital project platforms, messaging records and programme software now form part of the evidential picture, while document version control helps establish what each party knew at the relevant date. Harper James can help a business assess entitlement, structure the evidence, prepare a claim or respond to an adjudication referral.