The Essential Elements of a Claim

The Essential Elements Of A Claim

1- Cause

2- Effect
CEES
3- Entitlement

4- Substantiation
 The Essential Elements Of A Claim

1- Cause

The event that caused the project to be delayed and/or incurred additional costs and lead the
Contractor to claim for an EOT and/or a compensation for additional costs and/or profit.

This event should be recorded in detail at the time of its occurrence, whether in periodic reports,
minutes of meetings or otherwise so as to have a detailed documented record that clearly
records the event and the date of its occurrence.

When preparing a claim, special attention must be given to the cause and written in a
chronological, logical and understandable form even for non-specialists.
 The Essential Elements Of A Claim

2- Effect
• The description of the event leading to the claim is not sufficient, but it is necessary to
study and analyze this event and to understand it’s impact on the project's objectives in
terms of time and cost, and the link between the event and the impact must be made.

The answers to the following questions explain how to write regarding the effect:

• What is the effect of the event on the activities of the time program, especially the
activities on the critical path?
• Does the Contractor deserve to extend the project time as a result of this event?
• Is the Contractor entitled to cost and/or profit as a result of this event?

• One of the most important points that must be taken into account when writing the
effect is to link the cause to the effect, as the effect cannot be accepted by analyzing the
delay or cost without linking this analysis to the cause leading to the claim.
 The Essential Elements Of A Claim

3- Entitlement

• Studying the cause and determining the impact by analyzing the time and cost and linking the
cause to the effect does not automatically lead to entitlement.

• The first and main source of entitlement is the terms of the contract. FIDIC identified the
different cases that lead any party in the contract to entitlement to a claim and the type of this
claim.

• When writing a claim, it is very important to include entitlement and to reference it to the
terms of the contract that support this entitlement. Without this or by not studying it in a
professional manner, this would demolish the claim as it has no basis on which to build and
cannot be accepted.
 The Essential Elements Of A Claim

4- Substantiation

• Dealing with a claim is like dealing with a case before the courts, and every word must be
supported by evidence.

• If instructions are issued by the Engineer to stop work in one of the activities, the date of
stoppage must be recorded in the reports and minutes of the meetings in addition to
supporting that with any necessary drawings or a sketches of the site.

• Substantiation must be present with regards to all parts of the claim, whether in reason, proof
or merit. Substantiation supports all elements of the claim.