In engineering contracts, unforeseen events are practically inevitable. Unpredited soil conditions, legislative changes, supply failures or even administrative decisions can impact the progress of a project. When this occurs, the elaboration and analysis of claims , a technical process that aims at the contractual rebalancing in a fair and grounded manner.
Preparing a claim means documenting each impact suffered and proving the causal link between events and the technical, financial or project schedule. Next, understand how this process works and its importance for well -managed and resilient contracts.
What is a contractual election in engineering projects
Contractual claims, also known as CLAMS , are formal requests made by one of the contracts of the contract, usually the contractor to adjust the initially agreed conditions. These requests arise when events out of control of the requesting party negatively impact the contracted object, and may generate delays, increased costs or difficulties in fulfilling obligations.
In the engineering and construction sector, these contractual imbalances are common. The proper management of the election allows you to restore the economic and financial balance of the contract, ensuring that both parties maintain a fair relationship and that the project remains viable.
Steps of the preparation and analysis of elections
The elaboration of claims follows a methodology that guarantees the technical robustness and legal viability of each claim. Understand the four essential steps of this process:
Merit Analysis
At this stage, it is evaluated if the situation presented has technical and contractual support to be dealt with as a claim. This means verifying, for example, whether the causative event is external to the responsibility of the contractor and if there is a contractual clause that allows the request for rebalancing.
Documentary analysis
With the merit identified, one enters the technical investigation stage. Here, all relevant project documents are collected and analyzed:
- Contract and its additives;
- Daily work reports;
- Service orders;
- Formal communications between the parties;
- Monthly and weekly reports of work;
- Communications via email, WhatsApp;
- Photographic memorial;
- Field documents.
The objective is to gather evidence that proves the incident, its origin and its repercussion in the project.
Rebalance Calculation
Based on the contractual evidence and supports, the exact calculation of the amount required to rebalance the conditions is made. This may include:
- Extensions at the delivery time (with updated schedules);
- Price readjustment based on official indices or individualized calculations;
- Inclusion of indirect costs or higher administrative charges;
- Financial losses resulting from stoppage or productivity losses.
This is a technical step, which requires profound knowledge in cost engineering and planning.
Presentation and negotiation
Everything that has been analyzed and calculated is structured in a technical report. This document should be clear, objective and based on concrete data. He is then presented to the other part of the contract to put the order.
Driving of negotiation should prioritize good faith, search for cooperative solutions and risk mitigation. Many claims, when well documented, are resolved without the need for judicialization.
CLASS MANAGEMENT AND PREVENTION OF CONTUTES
Preventive management of contracts since its conception increases the chance of preventing disputes. The prevention of claims begins with:
- Well -written contracts with clear clauses;
- Risk allocation between the parties;
- Complete technical specifications and coherent with the scope;
- Technical team trained in documentary and risk management.
During execution, it is necessary to permanently monitor the work, strategically recording events relevant with documents that may promote early solution to problems if necessary.
The importance of the causal nexus
The central piece of one of the claim is the causal nexus. It represents the logical connection between the fact and the impact suffered. To convince the adverse part (or eventually a court) of the legitimacy of the claim, it is essential to show that:
- A new/someone else fact occurred (for example, delay in environmental release);
- This fact has directly produced a consequence (such as work front stop);
- The consequence generated objective and measurable losses (such as expenses with stopping equipment).
Without this well -documented chain, the claim loses strength and can be refused.
Required tools and skills
The elaboration of the analysis of sentences requires the performance of a multidisciplinary team, integrating knowledge of:
- Planning and Costs Engineering;
- Legislation and contractual base;
- Schedule techniques and risk management;
- Institutional communication and conduct of negotiations.
The use of technological tools such as schedule analysis software (Primavera P6, MS Project), BIM tools, data modeling and digital registration platforms strengthens the foundation of claims and improves assertiveness in calculations.
Benefits for both parties involved
The structured approach in the elaboration and analysis of claims brings objective benefits for contractors and contractors. Among the main ones:
- Reduction of onerous judicial disputes;
- Preservation of contractual balance initially agreed;
- Strengthening the relationship between the parties;
- Agility in decision making in the face of unforeseen events.
By promoting an environment where problems are solved based on data, evidence and good communication, the analysis of elections contributes to the delivery of projects with greater efficiency and less wear and tear among those involved.
The analysis of claims as a strategic tool in engineering
In a sector where risks are part of everyday life, such as works engineering and complex , the ability to elaborate and analyze consistency claims is vital. It is a tool that not only protects legal and financial interests, but also ensures the continuity of the enterprises with responsibility and balance.
More than seeking compensation, claims represent contractual maturity and focus on resolving in a transparent and grounded manner, the inevitable challenges that arise in any engineering contract.
