Basics of Claims Management
Orginally known from Anglo-American areas (Claim Management), today one cannot be thinking of international construction and engineering without thinking of claims management. Why has it gained that importance?
Construction and Engineering are under a high pressure regarding margins. For contractors it becomes more and more difficult to complete all the change requests or hindrances caused by Employers in engineering or construction projects under an unchanged contract price. At the same time, due to financing situation, it is not possible anymore for the Employer's side to allow for financial risk budgets in significant amount.
This conflict of interest has led inevitably to the situation that in case of obstructions in the contractually foreseen project execution (hindrances, delay, deficiencies) both parties insist on compensation of their financial losses due to that by the other contract partner via Claims.
That is why Claims Management, which is all about management of enforcement of entitlements in the fields of construction and engineering (claims, additional costs), receives more attention. The placement of and the defence against claims are deciding very often on financial project success. This fact cannot be ingnored any longer.
Services CARNEADES
How can you benefit as a client from the services of CARNEADES GmbH & Co. KG within Claims Management?
• Set up of claims and defence against claims by CARNEADES
CARNEADES supports you in setting up of own claims and in the defence against claims placed by the contractual partner or third parties within an obstructed project execution in construction and engineering. Here, different stages and forms of assigment are possible.
• CARNEADES Claims Management Project Office
Earliest point of time of engagement is the collection of claim relevant occurences directly in the project execution within a Claims Management-Tool together with continuous advice for the client. There, the systematic record of the occurrence is done via an own registration system together with the reference storage of related documentation like correspondence, drawings, MoMs and similar documents.
For each occurrence pre-defined templates are set up and recorded which document the circumstances of the case. As an option the in-time set up of the templates or site reports can be provided by the CARNEADES Callcenter in cooperation with the project manager / site manager.
• CARNEADES Claim letters
CARNEADES provides the care for the claim relevant correspondence of the client, compiles technical-commercial analysis of claim circumstances and relates closely with the legal department or the external legal counsel of the client.
• Claim Negotiations with CARNEADES Experts
CARNEADES supports in the upcoming claim negotiations, also in the fields of mediation, arbitration and ordinary jurisdiction.
Result of this service of CARNEADES GmbH & Co. KG is the establishment of ideal conditions for the financial success of your construction or engineering project by up to date Claims Management.
CARNEADES Claim Audit
Your company is facing claims or likes to prepare itself for that? We will analyse for you in a Claim Management Audit the strenths and weaknesses of your current strategic set up. Where claims can hit your company without any chance of defence and cause financial loss, where are already promising approaches for a Claims Management system which could be extended? We will therefore analyse basically:
- Organisation in claim relevant areas
- Process guidelines in relation with claim relevant occurrences
- Treatment of project and contract documentation in relation of enforcement and defence of claims
- Company internal model contracts and templates in relation of enforcement of own claims / defence against third party claims
- Strategic positioning of the company in relation to Claims Management
- Rules of communication in claim situations
- As the case may be further audit aspects
At the completion of the audit we will present to you the edited findings of assessment and submit a detailed audit report. Therein you will find suggestions for activities for areas of improvement, where we would also like to support you in execution.
CARNEADES Bond Management (Bond Claims, Bond Return)
Bonds drawn, but unjustified? No recourse possible at the debtor, because the contractor went bankrupt? No construction-related special knowledge available at the security provider (guarantor, bank, debt insurer)?
CARNEADES supports you in the struggle of the return of unjustified drawn performance bonds and warranty bonds. Benefit from our special knowledge in the assessment of bond claims.
Key to success CARNEADES Claims Management
Why CARNEADES is so successful in Claims Management?
Our knowledge base is multidisciplinary. Our service results from the interaction of lawyers, commercials and engineers. We are the link between the different departments and employees of your company which have to deal with a claim. Our expertise assesses every claim and its consequences for your company faster and better because it is our daily business. The broad project experience of our claim managers in construction and engineering secures our clients against unpleasant financial surprises.
Claim-Management-Software
Continuous rationalisation is also required in Claims Management for processing the growing tasks in projects. We therefore apply with our clients a Claim-Management-Software, which has been developed according to our requirements and practical experiences and since then has been furthermore improved by ourselves. It offers a structured recording and processing of all occurring claim circumstances, including collection of additional costs and damages. It contains a comprehensive module for document management and reporting and for editing time-barred Claim Management correspondence. From now on you can relate individual damage positions, delays and other occurrences with the causing documents. You can document the evidences for the claim amount with our tool, you can also display decisive documentation in claim negotiations to support your argumentation and you will secure continuing knowledge within your project in case of staff changes. Please contact us and arrange for a presentation of the software at your company. More information on the CARNEADES Claim Management Platform and the current software brochure you can get here.