Matthew Greenhalgh

Resolving Complex Construction & Engineering Claims and Disputes | Middle East | UK | Internationally | Director at ICRS Consult

[Matthew Greenhalgh @MatthewGreenh10]

Many EoT disputes stem from a lack of understanding.

Key issues: Unsupported positions, emotional investment, lack of independent review, and contractual misinterpretations. Understanding your actual vs. perceived position is key. #icrsconsult #icrstraining #eotclaims

[Matthew Greenhalgh @MatthewGreenh10]

Poor contract administration: a hidden threat to construction disputes? Inadequate skills, bias, adversarial relations, & lack of contract understanding lead to conflict. Can targeted training be a solution?

#icrsconsult #icrstraining #claims #disputes

[Matthew Greenhalgh @MatthewGreenh10]

Drafting claims? The key is consistency in terminology, from contracts to construction terms. It sounds minor, but it significantly affects clarity and persuasiveness, avoiding confusion and making your claim more coherent. #Claims #Consistency

[Matthew Greenhalgh @MatthewGreenh10]

Why it matters how you record data during the currency of a project.

Taking simple but effective actions regarding how you record data during the project can subsequently reduce the amount of time and money that may need to be spent on claim preparation works.

#eotclaims

[Matthew Greenhalgh @MatthewGreenh10]

Although correlation is not causation, it should be used to support a causal relationship, and as persuasive evidence to demonstrate, on the balance of probabilities, a claim.

#icrsconsult #constructionclaims #disruption

[Matthew Greenhalgh @MatthewGreenh10]

Delay analysis what really matters.

(1) Facts and (2) Common sense.

These form the foundation of success in delay analysis.

Without them, failure is inevitable!

#icrsconsult #icrstraining #eotclaims

[Matthew Greenhalgh @MatthewGreenh10]

Master 3 key techniques for effective contractual letters: 1. Establish credibility by showcasing expertise & professionalism. 2. Appeal to emotions responsibly, using empathetic language. 3. Use logic & reason to support arguments.

#icrsconsult #icrstraining #eotclaims

[Matthew Greenhalgh @MatthewGreenh10]

The "Rule of 3" is a persuasive writing technique that utilises the principle that ideas or arguments presented in groups of three are more impactful, and effective.

It's especially effective when used to summarise the impacts or consequences of project issues.

#icrsconsult

[Matthew Greenhalgh @MatthewGreenh10]

Prospective versus Retrospective assessment of the time consequences from variations.

Seeking prior agreement under a prospective assessment will always provide more certainty to the parties and minimise disputes.

#icrsconsult #variations #eotclaims

[Matthew Greenhalgh @MatthewGreenh10]

One of the most effective but simple steps to take when preparing large data for analysis is to format the data as a “Table”.

This simple step will enable you to analyse the data more efficiently and effectively.

#icrsconsult #constructionclaims #dataanalysis

[Matthew Greenhalgh @MatthewGreenh10]

Why speaking to the project team should be your first step in establishing the factual basis of a claim or rebuttal:

A 1-2 hour meeting with key members can effectively distill years of crucial facts.

#icrsconsult #icrstraining

[Matthew Greenhalgh @MatthewGreenh10]

5 Key Steps for Unclear Claim Responses:

1.Dissect Response.
2.Clarify Disagreements.
3.Targeted Communication.
4.Understand Both Sides.
5.Document Everything.

Streamline your approach to resolve claims effectively with targeted questions and a focus on key disagreements.

[Matthew Greenhalgh @MatthewGreenh10]

Evidence-based Writing is key to compelling contractual arguments

Remember this, in the eyes of the reviewer, if it cannot be supported by evidence, it actually never happened!

#icrsconsult #effectivewriting #constructionclaims

[Matthew Greenhalgh @MatthewGreenh10]

A simple tip for effective contractual writing.

Avoid restating your position over and over again.

If no new points are raised by the opposing party, simply reference the letter where your position has been clearly set out in respect of the points raised.

#icrsconsult #eots

[Matthew Greenhalgh @MatthewGreenh10]

Mastering Contractual Communication: Chronological versus Thematic Organisation. Chronological offers a clear timeline, ideal for delay claims. Thematic groups topics, great for diverse issues like defects. Know when to use each for persuasive, clear arguments.
#icrsconsult

[Matthew Greenhalgh @MatthewGreenh10]

Overcoming Evidence Gaps in Claims.

One effective strategy when faced with gaps in evidence is to draw logical inferences from available evidence. It's a process of deriving logical conclusions from premises known or assumed to be true.

#icrsconsult #constructionclaims

[Matthew Greenhalgh @MatthewGreenh10]

An attempt to overwhelm the reviewer with an unwieldy claim submission is never an effective way to present a claim.

A party’s objective should be to make the claim submission concise so that the merit of the claim can be clearly understood.

#icrsconsult #constructionclaims

[Matthew Greenhalgh @MatthewGreenh10]

2 essential techniques for claims writing:

Use active voice for clear responsibility assignment (e.g. "The engineer issued a late response") & switch to passive voice when a softening tone is needed (e.g. "Payment was made late to the contractor"). Balance is key. #icrsconsult

[Matthew Greenhalgh @MatthewGreenh10]

With construction costs quickly on the rise recovering escalation costs under a delay claim will become more common.

The quantification of cost escalation claims requires a contractor to determine what costs would have been incurred ‘but for’ the delay.

#icrsconsult #delay

[Matthew Greenhalgh @MatthewGreenh10]

It is not uncommon for a contractor to erroneously calculate rates and prices in the BoQ.

How these issues should be dealt with will require an examination of:

1. The conditions of contract.
2. The measurement rules; and
3. The facts of each case.

#icrsconsult