How to Build Quantum and Delay Claims....and How Global Claims Fit in

Unpacking Global Claims

A Global Claim is based on several events, and commonly uses inference rather than causation to build arguments.

Global Claims do not prove a causal link between losses and respondent actions.

Global claims are allowed so long as several prerequisites are met including but not limited to

• All preconditions for making a claim set out in the contract must be satisfied.
• Any part of the claim capable of separation and for which a causative link can be identified should not form part of the global claim.
• Matters that the respondent is not responsible for that are significant to the delay claimed, must be accounted for (CONCURRENCY).

Identify Causation

Outside of Global Claims, to avoid rebuttals and achieve success, claims need to identify the causation.

How to Build a Claim

First step: Untangle Complexity

Separate the arguments (identify the heads of claim) and split the variation and delay claims. The variations should be investigated first with the right to claim under the contract defined, and the quantum broke down.

A Quantum Expert works on variations first so that the quantum (cost) can be separately identified from the delay costs. Variations may also provide causation for a delay claim.

A Delay Expert investigates and audits the baseline program and the monthly updated programs. Forensic analysis and corrections of the baseline program provides an errorfree baseline allowing delay analysis to take place.

The Quantum Expert needs to determine the delay cost this can include direct and indirect costs.