by Kirsteen Cacchioli

I have seen many claims over the years, some of which have been well prepared, but many of which have not. A good claim is built through disciplined thinking, robust evidence and a clear understanding of how contractual rights translate into recoverable entitlement, but this is very often not the case.

And in a world where technology prevails, and AI can generate (or hallucinate!) all manner of data and “insight”, as well as assisting with presentation, it’s important to remember that AI and technology alone cannot replace the judgement, structure and scrutiny required to prepare a credible and persuasive claim.

So what are the key ingredients of a good claim? The most effective claims share common characteristics: they are grounded in the contractual and legal framework, informed by those who lived the project, supported by contemporaneous records, and communicated through a clear, objective narrative. They apply consistent methodology, acknowledge weaknesses, focus on what truly matters from a recovery perspective, and have undergone challenge and refinement.

The ten principles set out below reflect these fundamentals. Taken together, they provide a practical framework for preparing claims that are not only technically sound, but also proportionate, defensible and ultimately more likely to succeed.

1. Know the contractual and legal matrix for your claim
   Understand what your rights and obligations are, where your entitlement might lie, and what you need to demonstrate in order to successfully pursue that entitlement. Prioritise this understanding from the outset and keep this as a key focal point throughout the preparation of the claim.
2. Lean into the project team
   A good claim relies on the contemporaneous experience and understanding of the team who were there at the time. “Boots on the ground” knowledge of the project, the context of the claim, and the critical detail is invaluable.
3. Gather your data
   Site diaries, photographs, drone footage, programmes, cost records, progress reports, WhatsApp chats, instructions, change orders… the list goes on! Know what information you have (and what you are missing). There remains no substitution for contemporaneous records to support a claim.
4. Develop a clear and coherent narrative
   Draft a strong and logically-structured narrative, and present it in a way which is easy to follow for someone who is unfamiliar with the project and the issues at hand. If a claim is difficult to read, hard to follow or requires too much effort to understand, the momentum behind the claim can be quickly lost. Take your reader with you and don’t assume a level of understanding which is not there – explain things clearly and provide plenty of signposting along the way.  
5. Reference and present supporting documentation clearly
   Provide clear reference points to supporting documentation andensure that documentation is easy to identify, access and navigate.  If information is too hard to find, or too difficult to interpret or review, the strength of the claim is undermined regardless of its merits.
6. Ensure the claim remains objective and fact-based
   Avoid emotive language and sense check the submission. Having the claim stress-tested by a pair of “fresh eyes” can be invaluable.  It is all too easy for a project team, or indeed the wider business, to become overly invested in a single version of events and to believe their own truth. Independent challenge can help guard against bias or oversight.  Consider engaging specialists where appropriate, particularly if the claim is technical in nature or of particular magnitude or importance.
7. Be consistent in your approach and methodology
   Consistency is critical. Don’t cherry-pick data, or how you interpret and use that data. If different analyses tell different stories, or if there is credit to be accounted for, then acknowledge it.  Disputes are rarely one sided, and being willing to acknowledge internal weaknesses and issues which may have contributed to the dispute is essential to the strength of a claim.  Any inconsistencies will undoubtedly be identified by the opposing party if left unaddressed.  It’s far better to be prepared ahead of time than to be caught on the back foot.
8. Consider all angles
   Be open minded to alternative approaches and strategies. There are often different ways of approaching the same issue, some of which may be more appropriate to the claim in question.  A creative approach might be exactly what is required in certain circumstances – just because something worked a particular way before does not mean it is the best approach now. Past practice should inform decisions, but not dictate them. The most appropriate approach needs to be considered on a case-by-case basis for each individual claim and the outcome the business is looking to achieve.
9. Follow the money 
   Very often, substantial amounts of time and effort can be wasted on issues that are weak contractually, or that simply will not result in meaningful cost (or time) recovery given the effort involved. Focus on the elements of the claim that matter – “keep your eyes on the prize”… “cash is king”… “show me the money”…  All the old adages still apply! And finally… 
10. Don’t underestimate the time and effort involved in preparing a claim
    Give yourself adequate time to gather the facts, address missing data, analyse the detail, and develop the submission.  Then give yourself more time to question (or be questioned on) the claim, to address those questions properly, and to be prepared for opposing arguments. Preparing a claim is not a quick process – and if it is, the chances are it will probably fail…

---

About the author

Kirsteen Cacchioli has over 20 years’ experience supporting quantum experts on construction and engineering disputes. She has acted as lead assistant to the named expert across adjudication, arbitration and litigation, drafting expert reports, joint statements and Scott Schedules, and working closely with clients and legal teams. Kirsteen specialises in quantum expert support and the preparation and defence of claims and counterclaims, including contractual analysis, commercial reviews and cost assessment. Her experience spans major highways and hospital projects, cladding and pier remediation schemes, and complex commercial developments across Europe.