Why a strategic approach to construction claims is critical for success?

In an industry with tight margins and rising project complexity, disputes in UK construction and heavy industry are not only common but sometimes unavoidable.

23rd July 2026

This is especially so considering that industrial construction rarely enjoys repetition, meaning that we are constructing prototypes every time and what’s expected of our contractors to deliver on time and to budget.

Construction claims are essentially requests for additional time and/or payment due to the adverse event associated with an identified (or unidentified) risk occurring during the construction process. These claims can arise from various factors such as changes in project scope, site conditions, delays and disruptions, and often the dispute relates to contractual misunderstandings.

With potentially high stakes litigation when things go wrong, a strategic approach to defending and prosecuting construction claims is critical for success. The strategy of aligning contractual entitlements with evidence to justify your position is one part of the approach to making a successful claim.

A two-fold approach to Strategy and Task

We believe that Strategy and Task are distinctly separate considerations. Bear with me here. Each include What?, Why? and How? considerations. For the Tasks to be done, we say:


  1. The What, is what needs to be done. And it is usually contract oriented. Understanding contractual obligations, familiarity with contractual rights and obligations under the particular construction contract dictates task. We must be compliant with contract rules and legislation, adhering to construction laws and regulations.

  2. The Why, is the objectivity of deliverable. An extension of time claim for example might aim to achieve a certain level of relief from liquidated damages.

  3. The How, is how to do the task. For example, to deploy the correct approach or methodology. We must do the best we can with the available data. If quantification is the task, the appropriate measure and value methodology. If time is the issue, the appropriate progress data and analysis. We strive for the ‘gold standard’ and work proportionately with what we have. Dispute resolution and being aware of available mechanisms is a profession in itself: awareness of the most appropriate legal avenues for dispute resolution, including mediation, adjudication, arbitration and litigation, having regard to the underlying commercial objective.


Strategy on the other hand, is bespoke-designed to try to shape the desired outcome. In a world where every action has a reaction, we say:


  1. The What, can present itself as simply “the right thing to do at the time”. For example, the order in which things are done in the unique circumstances can present themselves as opportunities to narrow the issues, gain momentum, or simply ‘head something off at the pass’.

  2. The Why, is justification for the deployment of effort. Past and likely present behaviours of the intended decision maker recipient will always influence why we do certain things as part of a strategy.

  3. The How, is the elected way in which the strategic effort is used. It is the approach to task deployment and communication medium. Designed to have the best chance of desired reception, using an appropriately scaled level of scope at the given stage.


How can a specialist claims consultant help?

A construction claims specialist has the necessary training and skills developed which are so crucial in equipping teams with the knowledge and expertise required for managing construction claims effectively and avoiding costly protracted disagreement.

Prosecuting a construction dispute claim requires methodologies to organize evidence, establish liability, and justify quantum. These management techniques are used by legal and technical teams to build, present, and resolve a claim.

While the positive action of selecting the appropriate techniques we utilise to prosecute or defend your position is key, there are also negative decisions in respect of why not to deploy certain techniques and services. This comes from experience of knowing what is most likely to achieve a successful outcome in any given circumstance and what is less likely to.

A clear rationale for the target settlement helps to determine which techniques to deploy to enhance your chance of success. Quantum, having available a variety of techniques to strengthen the credibility of your claim leads to the ability to negotiate a favourable outcome, be that maximising your claim value, receiving an extension of time, being alleviated of liquidated and ascertained damages or simply minimizing financial losses.


What are the benefits of taking a strategic approach to construction claims?

  • Proactive Risk Management: Identification of the true origins of claims with contractual merit allows teams to address the key issues to successfully prosecute or defend claims before they can be undermined or escalated, mitigating impacts on project cost and schedule. Allowing invaluable time to intervene, develop and implement strategies to manage risks, such as submitting notices, formulating contingency plans and safety protocols

  • Effective Negotiation and Resolution: Successful dispute resolution involves a clear strategy defining the target settlement helping to lead your claim and navigating this complex landscape to that successful target settlement at the same time reducing management costs. As opposed to dealing with a dispute in a reactionary way to the actions of the other party, after the event.

  • Contractual Compliance: Securing entitlement by adopting a strategic approach ensures that valid claims for additional payment or extensions of time (EOT) are properly documented, presented as matters of fact, and justified in accordance with the contract, securing rightful compensation. A formulated strategy ensures adherence to strict contract timelines and notice obligations.

Whatever heads of claim you are making or defending, adopting the correct strategy is key. Securing entitlement or defending claims by adopting a strategic approach ensures that your position has more likelihood of securing good, efficient outcomes.

Claims specialists are able to focus in on relevant contemporaneous records with the use of modern, data-centric tools such as schedule forensics, productivity analytics, and digital records allowing for rapid assessment of impact and supporting faster, fact-based negotiations, preventing your case from being dismissed. Data-driven decisions enhancing efficiency and structuring negotiations by taking a strategic approach can result in faster, more cost effective resolutions.


How Quantum can help with construction claims

Time spent understanding the bigger picture of the target settlement and strategising effective management to contractually navigate to that target, is one of the first essential tasks to successfully prosecute your construction claim.

The role of professional services in construction claims management is invaluable. Quantum Consult provide an additional layer of expertise and support, essential for the successful management and delivery of construction projects. Our comprehensive range of services, managed by experts, brings a wealth of knowledge and experience that can prove vital in navigating the challenges of construction claims.

So, strategy is not really about selecting the correct service, it is as much about the way in which we go about deploying these services, helping you maximize recovery, avoiding costly battles that are not contributing to the objective outcome.

To discuss this approach further with our construction claims specialists, please contact us.