Types of claim

Claims are not always monetary, although the majority of claims are.

Other types of claim may include claims for time. Often parties are obligated to complete their obligations or achieve milestones of completion in accordance with an agreed programme or date(s).

If events occur which are outside of your control, for example if the other party prevents you from performing your obligations, then you will likely be entitled to claim that lost time. The effect is that you are not be held liable if you do not complete the obligation by the earlier required date.

Extension of time claims are often complex and require specific methods of expertise when demonstrating the cause and effect of delays.

Similar claims exist where a party wants to pay to have the other party perform its obligations quicker. In these situations the programme may be accelerated and the accelerating party is compensated for its additional costs to make this happen. Options include nonproductive overtime, increased resources and re sequencing of the works.

Other events which may give rise to claim entitlements are legislation changes.

Covid 19 gave rise to several legislation changes during 2020. These may give rise to variation claims pursuant to the terms of your construction contract.

How long do you have to claim

It depends on the claim. Construction contracts often include time bar terms which limit variation and payment claim submissions to within reasonably short periods of time. This may impact your ability to claim a variation to contract unless you act quickly.

Other types of claim are determined by legislation i.e. the Limitations Act 2010 sets out that a claim may not be brought after 6 years ‘after the date of the act or omission on which the claim is based’, alongside other stipulations and clarifications. The statutory period for claims regarding deeds are different to those of other forms of contract.