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The Claims Playbook: Documentation, Notice, and Negotiation

Claims are won on paper, not in the field. The playbook for notice, documentation, and the negotiated settlement.

Claims are won on paper, not in the field. Here's the playbook.

Why claims discipline matters

The money (the 5-10%'s — the disputed; the recovered), the time (the 90-day — the negotiated; the 2-year — the litigated), the relationships (the preserved — the negotiated; the destroyed — the litigated), and the precedent (the next job's — the terms'; the improved). The claim's — the paper.

The notice

The 7-day (the written's — the contractual; the delivered), the 21-day (the detailed's — the claim's; the quantified), the 30-day (the government's — the sovereign; the filed), and the waiver (the missed — the notice's; the forfeited).

The documentation

The daily (the reports' — the manpower's; the weather's; the delays'), the photos (the dated — the 100's; the weekly), the costs (the tracked — the labor's; the equipment's; the segregated), the schedule (the updated — the monthly's; the fragnets'), and the correspondence (the filed — the RFI's; the submittals').

The types

The delay (the excusable's — the 30-day; the compensable's — the 60-day), the disruption (the productivity's — the measured mile's; the 25%), the differing (the site's — the Type I's; the 2x's — the cost), the changes (the directed — the 10%; the constructive's — the 15%), and the acceleration (the directed — the overtime's; the 1.5x's).

The quantification

The measured mile (the productivity's — the unimpacted; the compared), the total cost (the 70%'s — the proven; the last resort's), the Eichleay (the home office's — the formula's; the 3-step), and the fragnet (the schedule's — the inserted; the 30-day's — the proven).

The negotiation

The 90-day (the negotiated's — the typical; the mediated), the 50/50 (the split's — the commercial; the settled), the mediation (the 1-day's — the 80%; the settled), the arbitration (the 6-month's — the binding; the 3-panel's), and the litigation (the 2-year's — the 10%; the last resort's).

The bottom line

Claims are won on paper — the notice preserving the right, the documentation proving the cost, the negotiation preserving the relationship. Give 7-day written notice, keep daily reports with dated photos, quantify with the measured mile, and negotiate the 90-day settlement. The contractor who documents contemporaneously settles in 90 days; the one who reconstructs later litigates for 2 years.

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