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Ashforte
Pillar 02

Claims built on evidence, methodology and record discipline — not assembled retrospectively under pressure.

Ashforte gives contractors a shared senior claims capability across their live projects — identifying entitlement early, capturing records as they arise, and building submissions to a defensible standard. EOT, prolongation, disruption, variations, final account, defence and dispute escalation.

Why this matters

What Claims & Disputes controls — and what happens without it.

Claims recovery is not decided at submission. It's decided in the twelve to twenty-four months before submission — by which notices were issued, which records were captured, which methodology was chosen, and how consistently discipline held across the project team. Ashforte structures this from the start.

01

Late claims lose entitlement even when they're right

Most standard contract forms impose strict time bars on claim notification and particularization. FIDIC's 28-day and 42-day windows. NEC's 8-week compensation event notification. Bespoke EPC time-bar clauses that operate as absolute waivers. Missing them costs entitlement regardless of the merits — and 'we didn't have time' is not a defence.

02

Weak records collapse strong positions

A defensible EOT claim needs a defensible programme. A defensible prolongation claim needs defensible time-related cost records. A defensible disruption claim needs a defensible measured mile — which needs baseline productivity records captured before disruption started. Records not built in real time cannot be reconstructed later without severe evidential weakness.

03

Methodology choice determines outcome

The delay analysis method — Time Impact Analysis, Windows, As-Planned vs As-Built, Impacted As-Planned — is not a neutral technical choice. It's a decision that determines how much delay is attributed to the contractor versus the employer. Choosing the wrong method for the contract and the evidence base weakens even legitimate claims. Choosing the right method requires senior claims judgement early.

04

Defence is a discipline, not a reaction

Contractors get claimed against as often as they claim — LDs, defective work, delay to the employer, non-conforming submissions. Defending well requires the same record discipline as claiming well, plus a strategic view of the counter-claim landscape. This is where under-prepared contractors haemorrhage margin in the closing stages of a project.

The Ashforte Model, Applied Here

Pooled senior oversight. Standardized delivery. Consistent across every project.

Ashforte's claims & disputes capability is delivered by one senior team working across the contractor's live projects. You get the same standard applied identically — whether the work covers one live project or fifteen — at materially lower cost than staffing the equivalent capability inside every project team.

Recurring workstreams run to Ashforte's standard operating procedures. Senior review sits over every output. Consistency and defensibility are built in, not left to chance.

When contractors bring us in

The signals that claims & disputes support is needed.

Most engagements begin at one of these trigger points. If any of them match your situation, the Initial Commercial Risk Assessment is usually the fastest way to establish scope.

  • 01A delay event has occurred and notices need to be issued now, not later.
  • 02A claim submission was rejected and needs to be rebuilt — but the record base is thin.
  • 03The final account is stuck and the release of retention depends on unresolved variations and claims.
  • 04The Employer's Representative has issued a claim against the contractor and a defence position needs to be assembled.
  • 05A project is heading toward DAB, DAAB, mediation or arbitration and expert-witness-ready evidence needs to be built.
  • 06The commercial team is capable but has never assembled a claim of this scale before.
  • 07Multiple concurrent claim events on multiple projects have exceeded internal capacity.
  • 08Leadership needs an independent view of claims exposure across the whole portfolio.
Scope of support

What Claims & Disputes actually covers.

The scope below is illustrative — engagements are shaped around the contractor's specific position, project mix and commercial exposure. Any sub-service can be scoped standalone or bundled.

01

Extension of Time

  • Delay analysis method selection
  • Windows / TIA / As-Planned vs As-Built
  • Concurrent delay analysis
  • Programme forensics
  • Causation narrative
02

Prolongation

  • Site-based overhead recovery
  • Head office overhead (Eichleay, Hudson)
  • Time-related preliminaries
  • Extended labour and plant
  • Financing cost recovery
03

Disruption

  • Measured mile analysis
  • Loss of productivity quantification
  • Baseline productivity capture
  • Cause-and-effect narrative
  • Industry-accepted methodologies
04

Variations & Change

  • Scope change identification
  • Rate build-ups and star rates
  • Cost recovery narratives
  • Change register maintenance
  • Employer-instruction tracking
05

Defence & Rebuttal

  • LD defence positioning
  • Employer-side claim rebuttal
  • Counter-claim strategy
  • Without-prejudice positioning
  • Concession-risk management
06

Final Account

  • Final account assembly
  • Close-out negotiation strategy
  • Retention release positioning
  • Payment certificate reconciliation
  • Release of security tracking
07

Dispute Escalation

  • DAB / DAAB submission preparation
  • Mediation position papers
  • Expert witness liaison
  • Arbitration support role
  • Litigation preparation support
08

Portfolio Standards

  • Standard claim template library
  • Cross-project claim exposure register
  • Delay analysis methodology guidelines
  • Evidence capture protocols
  • Executive claim status reporting
09

Initial Assessment

  • Claims maturity review
  • Entitlement gap identification
  • Time-bar exposure check
  • Record base defensibility check
  • 30-day claims action plan
Typical outputs

Documented, defensible, delivered on cadence.

Every claims & disputes engagement produces a defined set of tangible outputs. Consistency of output is one of the reasons contractors move from single-project support to portfolio-wide retainers.

  • 01
    Fully particularized claim submission with methodology, quantum and supporting evidence.
  • 02
    Delay analysis report with programme narrative and expert-witness-ready structure.
  • 03
    Rebuttal document responding to employer-issued claims or determinations.
  • 04
    Final account package with reconciled variations, claims and retention position.
  • 05
    Claims exposure register consolidated across the portfolio.
  • 06
    Time-bar tracking log per project with automated alert thresholds.
  • 07
    Evidence capture SOP tailored to the contract form and record system.
  • 08
    Monthly claims status report to commercial director / COO.
How this is engaged

Scoped for the situation. Sized for contractor economics.

Claims work can be engaged as a single fixed-fee package (one claim, one deliverable), embedded senior support across a live dispute event, or portfolio-wide claims oversight where multiple projects are running claims exposure simultaneously. Where the situation is unclear, the Initial Commercial Risk Assessment is the fastest way to scope.

Engagement models in detail
01

Claim Package (Fixed Fee)

One claim scope, one fixed fee, one senior-led team. Extension of time, prolongation, disruption, variation package, or final account — assembled to a defensible standard.

02

Project-Embedded Claims Support

Senior claims lead embedded into a live project for a defined period. Real-time entitlement identification, notice discipline, record capture and claim assembly.

03

Portfolio Claims Oversight (Retainer)

Continuous senior claims capability across all live projects — cross-project standards, portfolio exposure reporting, methodology governance.

04

Dispute Support Role

Support role to legal counsel or expert witness in DAB, DAAB, mediation, arbitration or litigation.

FAQ

Common questions.

Do you act as expert witness?

Ashforte typically operates in the claims consultant role — building claims, preparing submissions, drafting rebuttals, and supporting the contractor's legal team where matters escalate. For expert-witness testimony, we work alongside independent experts in a support role, providing the underlying analysis and record base that expert-witness reports rely on. We do not appoint ourselves as independent experts on our own client's claims.

How early should we bring you in on a claim?

As early as possible. The single highest-value point of intervention is before notices are issued — because notice discipline determines whether the claim survives time-bar scrutiny at all. The second-highest point is during record capture, when baseline productivity, programme actuals and cost data can still be captured in real time. By the time a claim is being assembled retrospectively for submission, most of the leverage has already been lost.

What if we've already missed notice periods?

Depending on the contract form, missed notices are not always fatal — some forms carry condition-precedent time bars (harder to overcome), others impose procedural time bars (recoverable in some circumstances), and case law in most jurisdictions has developed positions on late notification. We assess the specific contract, the specific facts, and the specific jurisdiction, then advise on realistic recovery position. What we don't do is pretend a lost time bar isn't lost.

Can you defend against employer claims as well as prosecute contractor claims?

Yes — and often the two run together. LD defence, defective work claims, delay-to-employer allegations and non-conformance disputes all require the same record and analytical discipline as prosecuting contractor claims. Defence work is a significant portion of Ashforte's claims caseload.

Next step

Discuss an engagement in claims & disputes.

Every engagement starts with a scoping conversation to understand the situation, the contractual position and the commercial pressure. For qualified contractors, an initial commercial risk assessment may be offered at no cost as the entry point.

Start the conversation