Expert Guidance

Navigate Complexity, Ensure Success: Kiltoom Advisory's Expert Guidance on UK & Irish Construction Claims & Project Assurance

The UK & Irish construction and infrastructure landscape is dynamic and demanding. Delivering projects on time, within budget, and to the required quality standards requires navigating a complex web of contractual obligations, commercial pressures, and potential risks. As highlighted in our previous insights on dispute resolution, contract administration (under forms like NEC and PWC), and specific challenges faced by Employers and Subcontractors (particularly regarding payments under the UK and Irish Construction Contracts Acts ), effective management is paramount.

Two critical disciplines underpin project success in this environment: Construction Claims Management and Project Assurance. Failing to master these can lead to costly disputes, eroded profits, damaged reputations, and ultimately, project failure.

Kiltoom Advisory provides specialist, independent guidance to Employers, Contractors, and Subcontractors across Ireland, helping them master these essential areas. Leveraging our deep understanding of the Irish construction sector and various contract forms, we offer expert support designed to protect your interests and drive successful outcomes.

1. Why Expert Construction Claims Management is Non-Negotiable

Construction claims – whether for extensions of time, variations, loss and expense, or disputed payments – are almost inevitable. How these claims are managed, however, makes the difference between fair resolution and protracted, costly conflict. Poor claims management can result in:

• Lost entitlement for valid claims due to procedural errors or inadequate substantiation.

• Paying out on spurious or inflated claims due to weak defence strategies.

• Escalation of disagreements into formal disputes (adjudication, conciliation, arbitration), incurring significant legal and expert costs.

• Damage to commercial relationships, hindering future collaboration.

Effective construction claims management in Ireland demands specific expertise:

• In-depth Contractual Knowledge: Understanding the specific rights, obligations, and procedures within your contract (PWC, NEC, RIAI, FIDIC, bespoke).

• Procedural Rigour: Adhering strictly to notice requirements and time bars stipulated in the contract and under statute (e.g., CCA 2013 payment notices).

• Robust Record-Keeping: Maintaining detailed, contemporaneous evidence to substantiate cause, effect, and quantum.

• Accurate Quantification: Correctly assessing the time (delay analysis) and cost (quantum) impacts of claim events.

• Strategic Approach: Knowing when and how to negotiate, prepare compelling submissions, and defend your position effectively.

2. Kiltoom Advisory's Approach to Claims Management

We provide end-to-end construction claims support tailored to your role (Employer, Contractor, Subcontractor) and specific contract:

• Proactive Claims Strategy & Avoidance: Reviewing contracts pre-tender/pre-award to identify potential claim triggers and advise on robust administrative procedures to minimise claim occurrences.

• Claim Identification & Formulation: Assisting clients in identifying contractual entitlements and preparing clear, well-substantiated claim submissions (including variations, EOT, loss & expense).

• Claim Defence & Assessment: Providing independent analysis of incoming claims, advising on contractual merits, quantum assessment, and formulating robust defence strategies and responses.

• CCA 2013 Payment Claim Support: Specialist guidance on preparing compliant Payment Claim Notices and, critically for paying parties, drafting timely and effective Response Notices to protect your position under the Act.

• Negotiation & Resolution: Supporting clients in commercial negotiations to resolve claims amicably and efficiently, avoiding escalation where possible.

• Dispute Support: If claims escalate, providing expert support through conciliation, adjudication, or arbitration (see our specific insights on these processes).

3. The Power of Proactive Project Assurance

While claims management deals with issues after they arise, Project Assurance focuses on preventing them in the first place. It involves providing independent confidence to stakeholders that project risks are being effectively managed and governance controls are working. It goes beyond routine administration to offer strategic oversight and early identification of potential problems. Robust project assurance in construction is vital because:

• It addresses the root causes of many disputes identified previously – poor administration, lack of oversight, programme failures, inadequate risk management, and compliance gaps.

• It provides an early warning system, allowing corrective action before minor issues snowball into major crises.

• It ensures transparency and accountability in project delivery.

• It gives Employers confidence their investment is protected, and helps Contractors demonstrate effective management.

Key areas covered by effective Project Assurance include:

• Contract Strategy Review: Assessing if the chosen contract form and risk allocation are appropriate for the project.

• Risk Management Effectiveness: Evaluating whether risk identification, assessment, and mitigation processes are robust and actively managed.

• Contract Administration Compliance: Auditing adherence to key procedures (e.g., programme management under NEC/PWC, early warnings, change control, notices).

• Commercial & Payment Controls: Ensuring payment processes are efficient, transparent, and compliant with the contract and CCA 2013.

• Project Governance & Reporting: Assessing the effectiveness of project controls, reporting accuracy, and decision-making processes.

• Dispute Potential Identification: Independently identifying areas of potential conflict and advising on avoidance measures.

4. Kiltoom Advisory's Project Assurance Services

We offer tailored construction project assurance services to provide clarity and control:

• Independent Contract & Risk Reviews: Providing an objective assessment of your contractual setup and risk exposure at key project stages.

• Risk Management Facilitation: Assisting in developing and implementing practical risk management frameworks.

• Contract Administration Audits: Performing periodic reviews of project administration practices against contractual requirements.

• Project Health Checks: Undertaking independent assessments of overall project status, identifying key risks, issues, and areas for improvement.

• Troubleshooting & Advisory: Providing targeted advice on specific commercial or contractual challenges being faced by the project team.

• Dispute Avoidance Workshops: Facilitating sessions to identify potential conflict points and develop collaborative avoidance strategies.

5. Integrating Claims & Assurance for Optimal Outcomes

Claims Management and Project Assurance are two sides of the same coin. Excellent assurance practices minimise the likelihood and severity of claims.5 When claims do arise, effective claims management ensures they are dealt with efficiently and fairly. Kiltoom Advisory offers an integrated approach, leveraging insights from both disciplines to provide holistic support that addresses the full project lifecycle.

Why Choose Kiltoom Advisory?

Navigating the commercial and contractual complexities of Irish construction requires specialist expertise. Kiltoom Advisory offers:

• Deep Irish Market Knowledge: Extensive experience with the nuances of the Irish construction industry, including PWC, CCA 2013, and common practices.

• Cross-Contract Expertise: Proficiency across various standard forms including NEC, RIAI, FIDIC, and bespoke agreements.

• Practical & Commercial Focus: We provide actionable advice aimed at achieving pragmatic, commercially sound outcomes.

• Independent Perspective: Offering objective analysis and guidance free from project delivery bias.

• Tailored Support: Services customised to meet the specific needs of Employers, Contractors, and Subcontractors.

Investing in expert construction claims management and project assurance is not an overhead; it's a strategic investment in project success, risk mitigation, and financial certainty. Don't wait for problems to arise – ensure your project has the expert guidance it needs from the outset.

--> Secure your project's success. Contact Kiltoom Advisory today for a confidential consultation on our expert Claims Management and Project Assurance services in the UK and Ireland.

Disclaimer: This article provides general information and does not constitute legal advice. You should seek specific professional advice tailored to your circumstances.