Most contractors have found themselves, at one time or another, in a project where the number of requests for information, directives and changes seems like a blizzard of paperwork. In these situations, contractors know that their supervisors and managers spend a lot of time moving paper, and their workers lose productive time waiting for answers and moving from one location on the site to another. While this situation is common, contractors are often in a very uncertain position for claiming damages. There is a solution.
A key factor in these type of situations is what not to do. Many contractors develop a claim strategy based upon a “total cost” approach. The problem with this approach is that the contractor must show the impracticability of proving actual losses directly; the reasonableness of its bid; the reasonableness of its actual costs; and lack of responsibility for the added costs.