Faced with the occurrence of events that generate unforeseen modifications or alterations in the development of contracts, InterlatinaGP will provide solid support in preparing the strategy, the wording and the supporting documentation to generate a well-structured, clear and sustained claim with the necessary technical and contractual arguments.

To do this, we proceed according to a methodology that includes:

Analysis of the Facts

  • Identification of the facts and circumstances that generated the modifications or alterations of the contractual development and of the areas or tasks that could be affected by its occurrence. Verification of the Contractor’s absence of responsibility in its occurrence or consequences.
  • Review, classification and study of all the documentation related to the contract: bid documents, specifications, proposals, work books and exchanged correspondence, daily reports, progress records, schedules, certifications, registration and cost reports, etc.
  • In-depth study of the contractual stipulations and the legislation related to the facts that are the subject of the claim. Consult associate law counsellors.
  • Interviews and interrogation of personnel related to the development of the works and specifically to the events that are the subject of the claim.
  • Preparation of a chronological record related to each event.
  • Evaluation of the general performance in the management of the project, both of the construction company and of the principal or owner, by using a standard of the PMI (Project Management Institute) type in order to determine possible deficiencies in contractual management.
  • Review of conditions in which the works are developed or executed: execution conditions, soil characteristics, climate behavior, union behavior, etc.

Schedule and Delay Analysis

  • Analysis and review of the contractual schedule and its subsequent updates. Detailed examination of the critical path, the individual tasks included in it and any modifications it may have undergone.
  • Evaluation of the impacts that the events that occurred could have on the schedule. For this, different specific techniques are used in order to determine the extensions of the construction period. (see detail below).
  • Identification of the key milestones of the schedule, their degree of compliance and possible weaknesses in relation to the application of contractual penalties.

Claim Assessment and Analysis of damages

  • Analysis of the original budget, working methods, productivity, contingencies, etc.
  • Evaluation of the “reasonableness” and consistency of the budget and the considerations taken into account in it and in the proposal, in order to rule out or detect errors.
  • Examination of the productivity and costs actually obtained in the execution of the works. Determination of the reduction or loss of productivity caused by the facts claimed.
  • Study of records of resource consumption and costs. Based on these records, the method of determining the costs associated with each event that altered the development of the work can be defined.
  • Determination of additional costs, both direct and indirect, originated from the events.
  • Evaluation of the eventual «lost profit» and/or «commercial damage» derived from the facts or the behavior of the owner.