Contract management has gained prominence in recent years as a strategic function in the management of large-scale works and contracts.

Faced with a scenario marked by economic uncertainty, high technical complexity and multiple external variables, simply executing the agreed scope no longer guarantees the success of a project. 

It is in this context that the efficient management of claims becomes essential, both to preserve the economic and financial balance of the contract and to mitigate risks and avoid prolonged litigation.

What characterizes a claim?

A contractual claim consists of a formal request made by one of the parties, usually the contractor, with the aim of compensating for imbalances that occurred during the execution of the contract. 

These imbalances may arise from factors such as unexpected increases in input costs, external interference, changes in the scope of the work, delays in releasing areas or project flaws. 

This is a fundamental instrument to protect the economic viability of the project and ensure that the initial conditions of the contract are respected.

Why are lawsuits so frequent?

The reality of construction projects in Brazil, especially in sectors such as infrastructure, energy, and civil construction, poses a series of operational challenges that are beyond the direct control of the parties involved. 

Adverse weather conditions, land restrictions, logistical hurdles, and sudden fluctuations in the materials market are just some of the factors that can directly affect the schedule and execution costs. 

As a consequence, claims become legitimate tools to restore contractual balance.

Strategic and multidisciplinary function

Contract administration isn't limited to tracking the schedule or managing documents. It also involves organizing the necessary information so that, in the event of an imbalance, a claim can be robustly and technically substantiated. 

This requires action that involves different disciplines, such as engineering, legal, financial, and planning. A multidisciplinary approach allows for more comprehensive and sustainable analyses, both regarding the causes of the impact and the practical consequences for the contract.

Monitoring, recording and timeliness

Efficient contract management is based on continuous monitoring of execution and the creation of a solid documentary base. 

A detailed record of each impactful event, taken as it occurs, is the primary tool for supporting future lawsuits. Photographs, field reports, meeting minutes, formal notifications, and correspondence between the parties comprise this archive. 

It is essential that claims are submitted within the contractually stipulated deadlines, respecting the defined formal procedures.

What are the recurring causes of claims in construction works?

Financial impacts resulting from price variations

The significant increase in the prices of inputs such as steel, cement and concrete has been one of the main causes of disputes in recent contracts. 

Experience in recent years shows that the adjustment rates provided for in contracts do not always reflect market reality, which compromises the ability to execute without loss. 

The lack of predictability in price behavior and the delay in correction mechanisms make it essential to present substantiated claims for renegotiation of values.

Design flaws and poorly defined scope

Another common source of claims is related to incomplete, outdated, or inaccurate projects. The lack of adequate surveys, incompatibilities between technical disciplines, or frequent changes in the scope of the project generate rework and additional costs that were not initially anticipated. 

In this case, contract administration needs to document all inconsistencies and their impacts, both in terms of cost and time.

Land delays and environmental obstacles

In contracts involving large areas, such as transmission lines, highways, or railways, the release of work fronts often depends on the resolution of land issues or the obtaining of environmental licenses. 

When these processes are slower than planned, there's a mismatch between resource mobilization and available areas for implementation. This type of impact must be clearly and promptly recorded for subsequent request formulation.

The role of technology in contract administration 

Digital monitoring and analysis tools

Digital transformation has also positively impacted contract management. Specialized software allows you to monitor the physical progress of the project, record deviations in real time, automate document management, and cross-reference information to identify deviations and opportunities for rebalancing. These features increase efficiency and reduce subjectivity in analyses.

Future trends in contract management

The use of technologies such as blockchain, integrated BIM, and online collaboration platforms tends to transform contracts into more transparent, traceable, and intelligent instruments. This will bring new challenges, but it will also expand the possibilities for conflict prevention and improved contract performance.

Technical and legal basis for the claims

Causal link and proof of impact

A claim is only considered legitimate when it clearly demonstrates the causal link between the event that occurred and the imbalance in the contract. 

It's necessary to prove that the cause of the claim directly impacted the execution, whether in terms of cost, timeliness, or quality. To do this, a combination of technical, financial, and chronological data is used, always accompanied by concrete evidence. 

The lack of proof may lead to the request being rejected, even if the loss has in fact occurred.

Structured technical presentation

Preparing a claim requires a clear, structured technical document based on objective parameters. It should include information such as event dates, impacted values, comparisons between scenarios with and without interference, references to contractual clauses, and simulations of the financial impact. 

The more detailed and objective the request, the greater its credibility with the contracting party and the greater the chances of successful negotiation.

The difference between a claim and economic-financial rebalancing

Different concepts in contractual practice

Although both institutions share the common goal of restoring contractual balance, they differ in nature. A claim is a demand made at the initiative of the contracting party, usually due to events not foreseen or expressly regulated in the contract. 

Economic-financial rebalancing is a right guaranteed by law, especially in administrative contracts, and occurs when there is a unilateral change to the contract, an administrative act, an act of God or force majeure.

Application criteria

Rebalancing is possible when the cause of the imbalance is legally recognized as exogenous to the will of the parties, such as a tax increase or the imposition of new requirements by the contracting party. 

The claim is usually broader, covering field situations, technical interference, operational changes and other day-to-day occurrences on the construction site. 

In both cases, the success of the claim depends on the contractor's ability to document and demonstrate the impact suffered.

The impact of good contract management on project outcomes

Risk reduction and increased predictability

With active and strategic contract management, you can significantly reduce litigation risks, improve cost predictability, and protect your company's profit margin. 

Anticipating problems, properly formalizing communications, and rigorously controlling contractual obligations create a safer and more professional environment, fostering consensual conflict resolution and contract continuity.

Preservation of profit margin and productivity

Well-founded claims prevent the contractor from performing services outside the scope without contractual coverage, which typically compromises profitability. 

Clear documentation and a technical approach to the contractor increase the company's credibility and negotiating capacity, reducing losses and optimizing resources.