The Essential Elements of a Successful Claim - Construction Claims and Responses: Effective Writing and Presentation - page 49

Chapter 4
The Essential Elements
of a Successful Claim
Introduction
The previous chapter dealt with how a claim submission or response docu-
ment should be presented and in this chapter we will get to the more
serious matter of what should be presented. Whilst it is true to say that a
badly-presented but robust case will be weakened by poor presentation,
it is also accurate to say that the most attractive, well-ordered and well-
written document will fail if it does not contain the necessary substance.
The object of a claim is to demonstrate that on the balance of probability
the claimant is entitled to compensation and also to substantiate the
amount of such compensation. In the case of a construction claim, the
compensation would more than likely consist of additional time, additional
payment or both. The claim must be demonstrated, substantiated and
justifi ed so as to achieve the desired result. The elements that are abso-
lutely essential to include in a claim or determination are as follows. (It
may help to remember these essentials by use of the acronym CEES.)
1. Cause
2. Effect
3. Entitlement
4. Substantiation
It should defi nitely be borne in mind that many worthwhile claims have
come to nothing because these essentials have not been given due rec-
ognition by the claimant.
We will examine CEES in detail in the remainder of this chapter and
also demonstrate, by way of a practical example, how these elements may
be dealt with in a typical claim for an extension of time. The example we
will use is based on the following scenario: