A large claim submission being examined with tabs, notes and reference documents

For Developers, Owners & Public Entities

Requests for Equitable Adjustment Analysis

Adjustment and cumulative-effect questions may involve project records, estimates, allocations, comparisons or other supported analysis. The causal explanation, contributing factors and limitations depend on the facts. The analysis does not adopt a standing preference for component or aggregate methods.

A submission may combine cost categories, time effects and changes recorded at different stages. Analysts may examine supporting documents, the relationship among components, administrative history and areas of uncertainty without assuming that a combined or component presentation determines the result.

A request’s administrative history can include notices, change logs, meeting records, schedule submissions, payment applications and responses. These sources may help explain how the requested adjustment developed during construction.

Recorded costs, estimates and allocations may address different questions. Analysts may examine their sources, scope assumptions, duplication and connection to reported construction events.

Where a claim uses estimated and actual costs, analysts may consider the estimate, performance, other contributing factors, assumptions and limitations. Their relevance and the order of inquiry depend on the claim and available evidence.

The review can address how the contract and subcontracts were administered from a contractor project manager’s perspective, including change management, documentation and coordination of time and cost information.

Findings describe the support, uncertainty and material contrary information relevant to the assigned questions. The presentation does not assume that either a combined or a component analysis determines the result.

Analyst reviewing cost records and correspondence at a document-covered desk

Possible assignment considerations

In practice

  1. 01

    Identify the causal theory

    Establish what the request says caused the additional cost, and whether that connection is demonstrated or assumed.

  2. 02

    Test for total cost reasoning

    Determine whether the claim rests on the gap between estimated and actual cost, and examine the estimate if it does.

  3. 03

    Assess contributing causes

    Consider the contractor's own performance and any other factors bearing on the overrun.

  4. 04

    Answer part by part

    Separate well-evidenced elements from speculative ones and respond to each on its merits rather than as a whole.

Considerations and limitations

Questions and limitations to consider

Rejecting cumulative impact on principle

Treating the concept as inherently unsound, which is neither accurate nor defensible.

Accepting the residue

An estimated-to-actual cost difference can be examined alongside changes, quantities, pricing, field performance and the administrative record.

All-or-nothing responses

Interactions among claimed components, supporting information and assumptions that affect interpretation of the request.

Requests for Equitable Adjustment Analysis

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