Reduce risks and fend off claims
In complex projects, clients are increasingly confronted with particular risks and special demands, e.g. from those involved in planning or the companies carrying out the work. The involvement of expert knowledge becomes a necessity in order to create transparency, defuse critical situations at an early stage, reduce risks and professionally ward off special demands. We stand by the client with our specialist knowledge as a loyal partner and thus create security.
What we can specifically provide for you
- Advice on the preparation of performance specifications including interface definitions in order to avoid subsequent amendments
- Negotiation support through active participation and involvement in contract negotiations
- Anticipatory and targeted assessment and defence against complex technical and construction-related supplementary claims
- Negotiation check-up in the form of coaching and strategy development in preparation for complex contract negotiations with planning parties or executing companies
- Technical and commercial evaluation of disputed planning and construction supplements
- Audit-proof review of supplementary services, especially for the public sector
- Preparation of well-founded opinions and plausibility checks
- Determination of undisputed and appropriate remuneration
- Technical and commercial support in final invoice audits
What benefit you receive
- Creating transparency and security in your project
- An experienced specialist at your side, on an equal level with the contractors' contractual and claims specialists
- Utilisation of extensive specialist experience for quality improvement and early risk prevention to avoid later claims
- Extensive expertise in the examination and defence of existing claims
- Project-accompanying or individual case-related advice by an anti-claim specialist
Essentially, it is about the active avoidance of contractor claims through early risk analysis and preventive measures or the professional defence when the claims are already on the table. The claims can be mere additional costs, but also changes in schedule or quality that cause additional costs, such as disrupted or accelerated construction processes, delayed plan handovers or delayed decisions. During the process, we always keep the client's goals in mind. We work out factually sound solutions with the contracting parties on an equal footing and only escalate when necessary.
Anti-claim management requires enormous expert know-how. Due to the complexity of the claims, their partly scientific derivation and their magnitude, the services usually go far beyond the scope of the planning participants and consultants. On the contractor's side, specially trained persons are often involved - it is essential to integrate at least the same know-how on the client's side. A review of a supplementary agreement can take several months - but the success of the negotiations and the transparency created justify the special effort.
In most cases, anti claim management assignments focus on individual demanding specific topics. The client approaches us with such an issue. We analyse the need for action and determine it together. The remuneration is negotiated on an individual basis. The actual work then begins, which can take several months depending on the complexity of the issues and the parties' willingness to negotiate and reach an agreement. The basics and data of the claim are processed and examined in a targeted and transparent manner. The negotiation strategy, the distribution of roles and the objectives are discussed with the client. The negotiation strategy, the distribution of roles and the objectives are intensively coordinated with the client. The claim is then negotiated step by step with the company submitting the claim. The result is comprehensively documented at the end.
In high-risk and large-scale projects, we consider it advisable to have our anti-claim management accompany the project. Here, the prevention of future claims is of great importance. This provides security at an early stage and reduces risk potential.
Action is always better than reaction! We therefore recommend getting involved in the tendering process as early as possible in order to identify and reduce potential risks. In this way, the essential foundations can also be laid for a later defence against claims. But the use of anti-claim management is also absolutely sensible during the construction phase, e.g. when significant planning changes are to be passed. If you are confronted with highly complex claims, the expert knowledge of an anti-claim manager is indispensable.
We first analyse the contractual basis. We usually present the basis for claims graphically. This gives us a good overall view. Then we differentiate between the undisputed and disputed issues. Since we do not provide legal advice, we obtain any necessary judicial advice as required. We closely coordinate the negotiation strategy and objectives with the client. In the end, we want to achieve a transparent, amicable and economic solution for both parties.