Claim Management

Specification and Implementation

Given the multitude of supplements, the establishment of an appropriate operational unit for post-contract management is essential in order to minimise open
claims, conflict potential and related handling time by means of process optimisation.

Nachtragsmanagement in 4 Modulen

At the start of your project the organisation of post-contract management should already be determined. Included within this is the creation of facilities for project
build-up and sequencing operations, determination of the responsibilities and managerial authority as well as the definition of standardised documentation records and the establishment of a standardised reporting system.

The analysis of your project with regard to potential supplements (Module 2) is the next important step for the contract-tendering phase. At this point the tender documents will be checked for completeness and feasibility as well as with regard to interfaces. The contractor’s bidding documents will be scrutinised for contract compliance in terms of pricing and time sequencing. Discrepancies in the tender and bidding documents will be identifiable so that the resulting supplement risks can be detected and diminished by means of corrections to the documents.

At the execution phase efficient organisation and complete documentation of the supplementary work and examination (Module 3) is essential. In the selected
workflow all contract amendments from the decision submission, through amendment instructions to the supplements agreement are monitored. Through appointed instruments, for instance our supplements databank namato, you will be kept fully informed at all times. This enables you to make decisions with confidence since you will be aware of the justification and origin of the amendments, as well as all their ramifications in terms of quality, costs and scheduling. Once the examination is complete, we support you in supplements negotiations. Documentation is held in an unalterable form, just as it is for supplements (if desired) and for objection notifications and obstruction notices.

Examination of Supplements Module 4 - Technical Supplements and Building Time Supplements

For the supplements examination and handling, the following configurations are possible: the examination of individual or all supplements occurs exclusively through KVL (Module 4A). If, however, the supplements examination is conducted by other participants in the project (site monitoring), then KVL will take on the role of the second examiner (Module 4B). Alternatively KVL can participate exclusively at the supplements negotiation phase (Module 4C).

The examination of supplements (Module 4A) begins with a review of documents for completeness. The supplement is appraised with respect to the formal and
– in coordination with your legal advice – qualifying conditions according to VOB/B (Vergabe und Vertragsordnung für Bauleistung, Teil B (order governing the placing and content of contracts for building work) or the BGB (Bürgerliches Gesetzbuch – German Civil Code). In the case of a positive result, the evaluation of the supplements calculation follows, essentially up-dating the contractual price level with reference to the original cost estimate, the use of appropriate cost estimates and/or service values, as well as the correct use of agreements to up-date costs, for instance fee sliding-scale mechanisms. The results will be summarised in pre-set inspection reports and will be passed, together with a decision submission, to the client.

Contract changes often have effects on the construction time schedule; we evaluate these effects on your behalf, in terms of deadlines as well as in relation to
the resulting additional costs. In the event of considerable changes to the contract amount and, if applicable, existing supplements relating to deadlines, we carry out on your behalf a reconciliation calculation for general expenses and indirect expenses.

For project configurations in which the examination of supplements is part of the site monitoring mandate, we provide through Module 4B the second examination of supplements with respect to claims, causes and amount, as well as the impact on scheduling. This is particularly applicable for complex technical supplements or supplements with a construction deadline element, for which the mandated services evaluation is often not covered on the HOAI basis. If required we construct on your behalf conciliation scenarios for the negotiations.

In Module 4C, as part of our participation in the supplements negotiations we carry out the preparation, execution and reporting of the supplements negotiations and prepare the award report and the supplements agreement.

Target and added value

  • Authoritative decision-making through optimised information and reporting systems for contracts and contract amendments
  • Prompt appraisal and negotiation of claims
  • Diminished conflict potential
  • Revision-proof documentation