Question 1

What is a construction claim?

Accepted Answer

A construction claim is a formal request by a contractor or subcontractor for additional money, time or both, arising from events not contemplated in the original contract. Under NEC contracts, claims arise through the compensation event mechanism. Under FIDIC contracts, claims are governed by the Claims clauses, typically Clause 20. Under JCT contracts, claims are made through the loss and expense provisions. The strength of any construction claim depends on the quality of contemporaneous records, compliance with contractual notice requirements, and the rigour of the entitlement and quantum analysis. RKA Associates are specialist construction claims consultants based in Birmingham who prepare claims for subcontractors and contractors under NEC, FIDIC and JCT contracts across the UK.

Question 2

What is the eight-week rule under NEC contracts?

Accepted Answer

The eight-week rule is a strict time-bar provision in NEC3 and NEC4 contracts. Under clause 61.3, if a contractor or subcontractor does not notify a compensation event within eight weeks of becoming aware of it, the project manager is not required to notify the event and the contractor loses all entitlement to additional time and money for that event. This applies regardless of how valid or valuable the underlying claim would have been. The eight-week rule is one of the most critical provisions in NEC contracting and one of the most common reasons subcontractors and contractors lose entitlement on NEC projects. RKA Associates manage NEC compensation event notifications for clients across the UK to ensure no entitlement is lost.

Question 3

What is a compensation event under NEC contracts?

Accepted Answer

A compensation event is the NEC contract mechanism for dealing with changes, delays and other events that entitle the contractor to additional time and money. NEC4 clause 60.1 lists 21 compensation events including changes to the works information, late access, physical conditions, weather and employer risk events. When a compensation event occurs, the contractor must notify it within eight weeks, and the project manager then instructs a quotation. The quotation is assessed based on the effect on Defined Cost plus the Fee. Compensation events are the only mechanism for price and time adjustment under NEC contracts, making their proper management essential.

Question 4

What is construction adjudication?

Accepted Answer

Construction adjudication is a statutory dispute resolution process established by the Housing Grants, Construction and Regeneration Act 1996 (as amended by the Local Democracy, Economic Development and Construction Act 2009). It provides any party to a construction contract with the right to refer a dispute to an independent adjudicator who must reach a decision within 28 days (extendable to 42 days by agreement). The decision is temporarily binding, meaning it must be complied with immediately but can be revisited in subsequent arbitration or litigation. Adjudication is the fastest way to resolve a construction payment dispute in the UK and is widely used by subcontractors and contractors to recover unpaid sums.

Question 5

What is smash and grab adjudication?

Accepted Answer

Smash and grab adjudication is a type of construction adjudication where the referring party claims the full value of a payment application on the basis that the paying party failed to issue a valid pay less notice within the required timescale. Under the Construction Act, if a payer does not issue a pay less notice by the prescribed date, the notified sum (the amount in the payment application) becomes due in full, regardless of whether the work was actually worth that amount. The principle began with ISG Construction Ltd v Seevic College (2014) and was refined by the Court of Appeal in S&T (UK) Ltd v Grove Developments Ltd (2018): the payer must pay the notified sum, but may then bring its own true value adjudication to recover any overpayment. Bexheat Ltd v Essex Services Group Ltd (2022) confirmed the notified sum has to be paid first. A smash and grab is therefore a cash-flow remedy, not a final determination of value. Smash and grab adjudication is commonly used by subcontractors to recover unpaid payment applications.

Question 6

What is the difference between NEC and FIDIC contracts?

Accepted Answer

NEC (New Engineering Contract) and FIDIC (International Federation of Consulting Engineers) are both widely used standard form construction contracts but they differ significantly. NEC contracts are predominantly used in the UK, especially on public sector and infrastructure projects, and are characterised by collaborative language, strict time-bound procedures (including the eight-week compensation event notification rule), and a programme-centric approach to change management. FIDIC contracts are the international standard, widely used in the Middle East, Asia, Africa and on internationally-funded projects. FIDIC uses a more traditional adversarial approach with the Engineer as contract administrator, formal claims procedures with strict time bars, and Dispute Adjudication Boards for dispute resolution. RKA Associates have deep expertise in both NEC and FIDIC contracts.

Question 7

How much does a construction claims consultant cost?

Accepted Answer

Construction claims consultants in the UK typically charge between £400 and £1,200 per day depending on seniority, complexity and the nature of the work. For adjudication work, many consultants offer fixed fees for defined stages. For retained commercial management, a monthly retainer or agreed day rate is common. RKA Associates provide clear fee proposals before commencing any work and offer a free initial consultation to assess your situation and advise on the most cost-effective approach.

Question 8

What is a delay claim in construction?

Accepted Answer

A delay claim in construction is a claim for additional time (extension of time) and associated costs (prolongation costs) arising from delays to the construction programme caused by events that are not the contractor's responsibility. Common causes include late employer information, design changes, unforeseen ground conditions, and employer-caused access delays. Delay claims require forensic delay analysis to demonstrate the causal link between the delay event and the impact on the critical path. The Society of Construction Law Delay and Disruption Protocol provides recognised methodologies for delay analysis. RKA Associates prepare delay and disruption claims using SCL Protocol methodologies for contractors and subcontractors across the UK.

Question 9

What is the Housing Grants Construction and Regeneration Act 1996?

Accepted Answer

The Housing Grants, Construction and Regeneration Act 1996 (commonly called the Construction Act) is UK legislation that introduced two key rights for parties to construction contracts: the right to adjudication (a fast-track dispute resolution process producing a binding decision within 28 days) and the right to stage payments with a proper payment notice and pay less notice regime. The Act was significantly amended by the Local Democracy, Economic Development and Construction Act 2009, which extended its protections to oral contracts and reformed the payment notice provisions. The Construction Act applies to virtually all construction contracts in the UK and is the legal foundation for construction adjudication.

Question 10

What is a pay less notice in construction?

Accepted Answer

A pay less notice is a formal notice that a paying party must issue under the Construction Act if they intend to pay less than the notified sum (usually the amount stated in the contractor's or subcontractor's payment application). The pay less notice must be issued by a specified date before the final date for payment, must state the sum the payer considers due, and must set out the basis of calculation. If the paying party fails to issue a valid pay less notice by the required date, they must pay the full notified sum regardless of whether they agree with the amount claimed. This is the basis for smash and grab adjudication.

Question 11

What is a final account in construction?

Accepted Answer

A final account is the process of agreeing the total value of work carried out under a construction contract, including all variations, compensation events, claims and adjustments. Final account disputes are among the most common causes of construction claims in the UK. Under NEC contracts, the final account is determined by the assessment of all compensation events and the final payment certificate. Under JCT contracts, it involves agreement of measured work, variations, loss and expense and other adjustments. RKA Associates prepare and negotiate final accounts for subcontractors and contractors, and provide independent final account assessment for employer clients.

Question 12

What is commercial management in construction?

Accepted Answer

Commercial management in construction is the discipline of protecting and maximising the financial performance of a construction project. It encompasses contract set-up, procurement, change management (including NEC compensation events and FIDIC variations), cost reporting (including cost-value reconciliation), payment management, claims identification and preparation, risk management, and final account negotiation. For SME contractors and subcontractors, retaining a specialist commercial management consultant like RKA Associates is often significantly more cost-effective than employing a full-time quantity surveyor or commercial manager.

Question 13

What is the SCL Protocol for delay analysis?

Accepted Answer

The Society of Construction Law Delay and Disruption Protocol (SCL Protocol) is an industry-recognised guidance document that sets out best practice for dealing with delay and disruption on construction projects. It recommends prospective delay analysis where possible, provides guidance on concurrent delay, and describes several accepted methodologies for delay analysis including impacted as-planned, time impact analysis, as-built vs as-planned, and windows analysis. The SCL Protocol is widely referenced in UK construction disputes and its methodologies are accepted by adjudicators, arbitrators and the courts. RKA Associates use SCL Protocol methodologies when preparing delay claims for clients across the UK.

Question 14

Where does RKA Associates operate?

Accepted Answer

RKA Associates are based in Birmingham city centre at Office 1, Izabella House, 24-26 Regent Place, B1 3NJ. From Birmingham we provide construction claims consultancy and commercial management services across the entire UK including the West Midlands, East Midlands, Coventry, Wolverhampton, Nottingham, Derby, Leicester, London and the South East, Manchester and the North West, Leeds and Yorkshire, the North East, South West, Wales and Scotland. We also have an international presence through our Dubai office for FIDIC contract work in the Middle East.

Question 15

Do you help subcontractors with payment disputes?

Accepted Answer

Yes. Subcontractor payment disputes are one of the core areas of work for RKA Associates. We help specialist subcontractors across the UK with unpaid payment applications, disputed valuations, withheld retention, invalid pay less notices and adjudication referrals for payment recovery under NEC and JCT subcontracts. Subcontractors up and down the country use our services to recover money owed to them. We can typically assess a payment dispute within 48 hours and, where adjudication is appropriate, have a referral ready within days.

Question 16

What is an extension of time in construction?

Accepted Answer

An extension of time (EOT) is an adjustment to the contractual completion date to reflect delays that are not the contractor's fault. Under NEC contracts, extensions of time are granted through the compensation event mechanism. Under FIDIC contracts, EOT is claimed under the extension of time provisions, typically requiring notice within 28 days. Under JCT contracts, the contract administrator grants EOT for relevant events. An extension of time protects the contractor from liquidated damages for the period of excusable delay. Whether the contractor also recovers prolongation costs depends on the type of delay event and the contract provisions.

Question 17

What qualifications should a construction claims consultant have?

Accepted Answer

A construction claims consultant should ideally be a chartered member of a recognised professional body such as the Royal Institution of Chartered Surveyors (RICS), the Chartered Institute of Building (CIOB) or the Chartered Institution of Civil Engineering Surveyors (CICES). They should have substantial practical experience in construction commercial management, quantity surveying and dispute resolution, with specific expertise in the relevant contract forms (NEC, FIDIC, JCT). Our consultants are Associate Members of RICS (AssocRICS) with a combined 40 years of hands-on experience in construction claims and commercial management.

Question 18

How long does construction adjudication take?

Accepted Answer

Construction adjudication takes 28 days from the date of referral to the adjudicator's decision, although this can be extended to 42 days with the agreement of the referring party. In practice, the full process from issuing a Notice of Adjudication to receiving a decision typically takes 5-6 weeks. The responding party usually has only 7 days after receiving the referral to submit their response, which is why early involvement of a specialist like RKA Associates is critical. We can mobilise within 24 hours from our Birmingham office.

Question 19

What sectors does RKA Associates work in?

Accepted Answer

RKA Associates work across all major UK construction sectors including water and wastewater infrastructure (including AMP8 programmes), civil engineering, highways and transportation, rail, energy, commercial building, residential development, industrial, education and healthcare. We have particular depth in the UK water sector and major infrastructure under NEC contracts. Internationally, we support clients on FIDIC projects across the Middle East.

Question 20

Do you offer a free initial consultation?

Accepted Answer

Yes. RKA Associates offer a free, confidential initial consultation to assess your situation and advise on the best approach. This allows us both to understand whether RKA is the right fit for your needs. Call us on +44 333 577 0303 or email office@rkaassociates.com. We respond within one working day.

Question 21

Can I hire a quantity surveyor for my subcontracting business?

Accepted Answer

Yes. Many specialist subcontractors cannot justify a full-time QS but still need professional support. RKA Associates provide outsourced quantity surveying for subcontractors on a retained or project basis from around 350 pounds per day. We work with MEICA, groundworks, M&E, steelwork, cladding, piling, demolition and civils subcontractors UK wide.

Question 22

My main contractor is not paying me what can I do?

Accepted Answer

Check whether valid pay less notices were issued. If not, you may recover the full sum through smash and grab adjudication. Check your subcontract payment terms and cycle. Consider outstanding compensation events or variations not properly valued. RKA Associates help subcontractors recover money through payment review, adjudication and negotiation. Call +44 333 577 0303 for immediate assessment.

Question 23

Do you help subcontractors with payment applications?

Accepted Answer

Yes. RKA Associates prepare and review payment applications for subcontractors under NEC and JCT subcontracts, ensuring compliance with contractual requirements, inclusion of all variations and compensation events, and timely submission.

Question 24

Can you help with construction planning and programming?

Accepted Answer

Yes. RKA Associates provide planning and programme management support including NEC clause 32 compliant programmes, updates, progress reporting, delay analysis and extension of time substantiation.

Question 25

What is the difference between a quantity surveyor and a commercial manager?

Accepted Answer

A quantity surveyor focuses on measurement, valuation, cost planning and cost control. A commercial manager takes a broader role including contract administration, claims, risk management, procurement and financial management. In modern UK construction the roles have merged significantly. RKA Associates provide both QS and commercial management services.

Construction
Claims Consultants
& Quantity Surveyors

40+

RICS

£1M+

UK

Subcontractor QS & Commercial Support

Contractor Commercial Services

Employer & Client Advisory

Construction Claims & Commercial Support Across the Entire Supply Chain

Subcontractors

Main Contractors

Employers & Clients

Specialist Construction Claims, Commercial & Advisory Services

Construction Claims Preparation

Construction Adjudication Support

Delay & Disruption Claims

Commercial Management

NEC & FIDIC Contract Administration

Cost Management & Reporting

Variation & Final Account Disputes

Procurement Advisory

Expert Witness Services

Birmingham Based.
UK Wide. Independent.

Full Supply Chain Coverage

NEC, FIDIC & JCT Expertise

Claims & Commercial in One Team

Birmingham Based, UK Wide

40+

RICS

£1M+

UK

NEC · FIDIC · JCT

Need a Construction Claims Consultant?

Practical guides for contractors and subcontractors

Free NEC4, JCT & FIDIC templates and correspondence generator

Construction Claims & Commercial Support Across the Entire Supply Chain

Subcontractors

Main Contractors

Employers & Clients

Specialist Construction Claims, Commercial & Advisory Services

Construction Claims Preparation

Construction Adjudication Support

Delay & Disruption Claims

Commercial Management

NEC & FIDIC Contract Administration

Cost Management & Reporting

Variation & Final Account Disputes

Procurement Advisory

Expert Witness Services

Birmingham Based.UK Wide. Independent.

Full Supply Chain Coverage

NEC, FIDIC & JCT Expertise

Claims & Commercial in One Team

Birmingham Based, UK Wide

40+

RICS

£1M+

UK

NEC · FIDIC · JCT

Need a Construction Claims Consultant?

Practical guides for contractors and subcontractors

Free NEC4, JCT & FIDIC templates and correspondence generator

Birmingham Based.
UK Wide. Independent.