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Disruption Claim

A disruption claim seeks to demonstrate decreased productivity and additional costs due to disruptive events caused by the Employer. It requires identifying the events responsible for the disruption, showing how they led to losses or expenses, and providing a reasonable assessment of productivity levels that would have been achieved without the disruption. Proper documentation and compliance with notice requirements are crucial for the credibility of the claim.

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18 views6 pages

Disruption Claim

A disruption claim seeks to demonstrate decreased productivity and additional costs due to disruptive events caused by the Employer. It requires identifying the events responsible for the disruption, showing how they led to losses or expenses, and providing a reasonable assessment of productivity levels that would have been achieved without the disruption. Proper documentation and compliance with notice requirements are crucial for the credibility of the claim.

Uploaded by

fadi warth
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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accuraconsulting.

com
What is the aim of a
disruption claim?

A disruption claim aims to show a decrease in


productivity, resulting in additional costs that
wouldn't have occurred without the disruptive
events the Employer causes.

The claim should reflect the difference between


achievable and actual productivity levels impacted
by disruption events the Employer is at fault for.

Original tender assumptions should not be


automatically regarded as the baseline for
productivity.
A disruption claim
must demonstrate
(as a minimum)

Events which entitle it to loss


and expense.

Identifying the events which


caused disruption.

That the disruption caused loss


and /or expense.
What to consider
While it is open to the claimant to determine
how best to provide a reasonable assessment
of the disruption caused, there are a handful of
issues likely to consider.

A baseline of what productivity levels would


have been achieved had the disruptive event
not occurred, by reference to cost and
resource allowed in the Contract.

Demonstrate that the allowances made in


the program and/or contract were
reasonable.

The recording and maintaining of


contemporaneous documents concerning
the disruptive events and the effect on
productivity. This is paramount. A claim's
credibility is severely affected if there is a lack
of contemporaneous evidence.
More to consider

Compliance with notice requirements under the


contract or, where there are no relevant notice
provisions, contemporaneously communicating
to the other party that a disruptive event
occurred, that it has disrupted productivity and
that consequently, additional costs will or have
been incurred. Claims made after the event lack
credibility.

Consideration of contractor risk events and


their impact – the credibility of the claim can
also be affected if this is ignored.

Disruption claims must be prepared in an event


specific basis detailing the cause and effect of
each event separately and to some extent
activity by activity, or period by period basis.
Whilst not fatal global claims are less credible.
For more insights,
head to the Accura
Consulting Newsroom

AccuraConsulting.com

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