The strategic elaboration of contracts in contracts plays an essential role in the effective conduct of large projects, especially in construction and complex engineering contracts.

These documents, which aim to ensure the economic and financial balance of an enterprise in the face of unforeseen events or contractual changes, require not only technical knowledge, but also legal domain and negotiation skills.

In incorporating a strategic approach to its elaboration, companies may not only claim their rights in a structured way, but also to prevent disputes, preserve the contractual relationship and avoid damage that could compromise the completion of the project.

Understanding what a contractual claim is

Formal claims are usually presented by contractors, with the purpose of obtaining compensation for impacts suffered due to changes in the scope of the contract, non -imputable delays, interference or other occurrences outside their control. 

The elaboration of a claim is not a merely reactive action, it must be part of a general contractual management strategy.

This claim may involve additional time for execution, financial compensation or both. However, in order to have practical effects and be accepted by the contractor or by higher instances such as arbitration and courts, it must be based on facts, documentary evidence and clear contractual clauses.

The importance of strategic preparation of the claim

The difference between success and the failure of a claim is often in the strategy with which it is elaborated. This includes several steps ranging from early identification of occurrences that can generate a claim to its final essay.

Planning from the beginning of the contract

Strategic elaboration begins even before problems arise. At the time of signing the contract, it is essential to consolidate clauses that clearly establish the procedures for registration of adverse events, deadlines for communication and ways of proof of impacts.

Continuous and detailed registration of events

Throughout the project, record all significantly relevant events, such as out -of -time instructions, substantive changes in the basic or executive project, difficulties in accessing the site of the work and delayed data supply by the contractor, it is indispensable. 

These records serve as an essential documentary proof, being validated by meeting minutes, formal notifications, photographs, emails and daily work reports.

Technical and legal basis

A successful election This means that it is not enough to affirm an impact, it is necessary to prove through analysis such as comparative schedules, additional cost calculation memory and bonds with specific contract clauses.

Legally, he needs to observe the rites stipulated in the agreement and be based on current legislation.

Construction of the claim narrative

More than a collection of facts and numbers, an effective claim must be persuasive. Narrative construction should guide the reader (usually a technical analyst, contractual manager or expert company) for the logical sequence of events, demonstrating the causal link between the fact and the impacts caused to the contractor.

Benefits of a strategic approach

The investment in a robust structure focused on the preparation of claims brings benefits that go far beyond simple financial compensation.

• Reduction of judicial disputes: Well -elaborated and grounded claims tend to be accepted by the parties involved, reducing the number of disputes sent to the judiciary or arbitration.
• Preservation of the contractual relationship: A strategic approach avoids abrupt confrontations, promoting dialogue as the first way before the situation climbs to larger conflicts.
• Company compliance and reputation: Companies that show professionalism in contractual management raise their reputation in the market and are seen as reliable partners, opening doors for new contracts.
• Economic and financial balance of the project: Successful claims help rebalance the contract by protecting the financial health of the enterprise.

The function of the expert in claims

The complexity involved in the preparation of claims often requires the presence of a specialized professional or a multidisciplinary team. The senior specialist acts in the diagnosis of the causes, meetings with the parties involved, document lifting, writing and monitoring of the election until its resolution.

negotiation skills , being the link between the executing company and the contractor's contractor managers.

Integration with project management

The strategic preparation of claims must be integrated with project management as a whole. This includes:

• Risk monitoring: constant assessment of activities and their potential contractual impacts;
• Contingency Planning: actions prepared to mitigate the effects of possible adverse scenarios;
• Document Management: continuous organization and updating of relevant documents and records;
• Periodic Contract Reviews: Detecting possible gaps or inconsistencies may prevent claims before they become necessary.

The claim as a tool for technical appreciation

Often poorly interpreted as an attempt to overlap, the claim, when well structured, is proof of maturity and professionalism. It represents the company's ability to understand and apply contractual rules, claim their rights and protect their resources in the face of imbalances.

The claim is a legitimate mechanism for the correction of unpredictable deviations, and its existence should not be more rejected, but respected and treated with technical rigor.

Adopting this posture since the beginning of the project expands the chances of success of the contract, ensures greater predictability and strengthens corporate governance. With planning, strict documentation and professionalism, the claim is no longer an instrument of conflict and becomes a legitimate tool for contract protection and management.