Construction and engineering disputes are document-heavy. Delay, variations, measurements, certification, defects, extensions of time and payment claims often overlap. A successful arbitration strategy starts with project controls long before a notice is issued.
Common private-sector claims
- Unpaid running-account or final bills
- Delay, disruption and prolongation costs
- Variation and extra-item valuation
- Liquidated damages and extension-of-time disputes
- Defect, warranty and performance claims
- Retention money and bank guarantees
Build the project record
The legal team should organise the contract, drawings, specifications, programme updates, site instructions, measurement books, invoices, certificates, minutes, photographs and correspondence into a searchable chronology. A claim built only from later recollection is vulnerable.
Notice clauses matter
Many contracts prescribe notice periods, engineer determinations, escalation steps and claim particulars. The consequences of non-compliance depend on the clause and law, but businesses should issue timely, fact-specific notices rather than generic reservations.
Urgent protection
Section 9 or Section 17 relief may be considered for bank guarantees, preservation or inspection of works, equipment, records or disputed amounts. Relief is not automatic and must be matched to the facts and legal standards.
Expert evidence
Delay analysis, quantity surveying, engineering causation and valuation may require independent experts. Instructions should be based on a clean document set and a defined question rather than an advocacy conclusion.
Frequently asked questions
Should work continue while arbitration proceeds?
That depends on termination rights, safety, payment, project stage and interim arrangements. Unplanned suspension can create further claims.
Can photographs prove defects or progress?
They help when dated, located, authenticated and connected to drawings, inspections and correspondence.
How should a contractor calculate loss?
Claims need a legally supportable methodology, source records and mitigation evidence; broad percentages may be challenged.
Official reference: Arbitration and Conciliation Act, 1996.
Related resources
Important: General information only.
