Common construction claim types and entitlements

Written by Lyle Charles

There are many claim types and entitlements for construction claims. For a construction claim to be legal, the case needs both entitlement and damages attached to the case. Construction claims management is a good process to include to mitigate the number of claims and to address issues before they become a legal case.

1. Construction Schedule Acceleration – This involves a construction project completing or trying to complete a process earlier than the completion date. This acceleration can apply to engineering, design, manufacturing or construction.
2. Cardinal Change – If the modified job was different to that discussed in the contract and this causes a fundamental alteration of the work constructed, this is categorized as a cardinal change.
3. Constructive Change – If the contractor’s performance requirements change due to the actions or inactions of a party, then this is compensable and is classified as constructive change.
4. Contract Termination – If the contractor has started the work and the contract terminated, the contractor has the right to recover the loss.
5. Defective and Deficient Contract Documents – Common law implies that the contract should be free from reasonable errors.

If faced with a construction claim, it is advisable you enlist the assistance of a construction advisory services firm to assist with your case.

Lyle Charles is a construction claims consultant who can cater to your construction project needs.