Frequently Asked Questions About Construction Claims & Commercial Services

RKA Associates work across the entire construction supply chain – specialist subcontractors, main contractors and employer clients. Each has different commercial challenges and we tailor our advice accordingly. Our RICS-qualified construction claims consultants have experience acting for all three parties under NEC, FIDIC and JCT contracts on projects across the UK including the Midlands, London, Manchester, Leeds, Yorkshire and all other regions.

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.

We have deep expertise in NEC3 and NEC4 contracts (the standard on most UK infrastructure, water and public sector projects), FIDIC Red, Yellow and Silver Books (the international standard used across the Middle East and on internationally-funded projects), and JCT contracts (widely used in UK private sector building and development). We also work with bespoke and amended standard forms.

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.

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. You need a specialist construction claims consultant when the sums involved are significant, the contract mechanisms are complex, or the other party is disputing your entitlement. 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.

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 for any contractor or subcontractor working under NEC.

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 across the UK.

NEC and FIDIC are both widely used standard form construction contracts but they differ significantly in approach. 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 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.

Yes – subcontractor payment disputes are one of our core areas. 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. Many subcontractors in the Midlands, London, Manchester, Leeds and Yorkshire use our services. We can typically assess a payment dispute within 48 hours and, where adjudication is appropriate, have a referral ready within days.

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

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 across the UK.

Construction adjudication is a statutory dispute resolution process established by the Housing Grants, Construction and Regeneration Act 1996. It produces a temporarily binding decision within 28 days (extendable to 42 by agreement). Adjudication is the fastest way to resolve a construction payment dispute in the UK. RKA Associates can respond to urgent adjudication instructions within 24 hours from our Birmingham office. If you have received a Notice of Adjudication, contact us immediately on +44 333 577 0303 as response timescales are extremely tight – the responding party typically has only 7 days to submit a response.

Smash and grab adjudication is a type of construction adjudication where the referring party claims the full value of a payment application because 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 becomes due in full, regardless of whether the work was actually worth that amount. This principle was confirmed in ISG Construction Ltd v Seevic College (2014). Smash and grab adjudication is commonly used by subcontractors to recover unpaid payment applications and is one of the most effective payment recovery tools available.

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. 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. Failure to issue valid pay less notices is one of the most common mistakes made by main contractors and is the basis for smash and grab adjudication.

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 across the Midlands, London, Manchester and Yorkshire, 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.

Yes. Many specialist subcontractors across the UK cannot justify employing a full-time quantity surveyor but still need professional QS support for payment applications, valuations, compensation events, variation accounts and final account negotiation. RKA Associates provide outsourced quantity surveying services for subcontractors on a retained or project-specific basis. This gives you access to experienced RICS-qualified QS expertise at a fraction of the cost of a full-time hire. We work with MEICA subcontractors, groundworks contractors, M&E specialists, steelwork, cladding, piling, demolition and civils subcontractors across the Midlands, London, Manchester, Leeds, Yorkshire and the wider UK.

If your main contractor is not paying your applications, you have several options depending on the circumstances. First, check whether they have issued valid pay less notices – if they have not, you may be entitled to the full applied sum through smash and grab adjudication. Second, check your subcontract payment terms and whether the correct payment cycle has been followed. Third, consider whether you have outstanding compensation events or variations that have not been properly valued. RKA Associates help subcontractors across the UK recover money from main contractors through payment application review, pay less notice analysis, adjudication referrals and commercial negotiation. Call us on +44 333 577 0303 for an immediate assessment of your payment position.

Yes. Preparing accurate, well-substantiated payment applications is one of the most important things a subcontractor can do to protect their cash flow. RKA Associates prepare and review payment applications for subcontractors under NEC and JCT subcontracts, ensuring they comply with contractual requirements, include all entitled variations and compensation events, and are submitted on time. We also help when applications are disputed or undervalued by the main contractor.

Yes. RKA Associates provide construction planning and programme management support for subcontractors and contractors. This includes preparing NEC clause 32 compliant programmes, programme updates, progress reporting, delay analysis and extension of time substantiation. Proper programme management is essential for protecting your position on NEC contracts – many compensation event and delay claims fail because the programme was not properly maintained.

Yes. RKA Associates help subcontractors prepare competitive tenders, complete pre-qualification questionnaires including Achilles UVDB and Constructionline submissions, and develop the commercial documentation needed to win work on infrastructure and water sector frameworks. We understand what main contractors and clients look for in subcontractor submissions and can help you present your business effectively.

A quantity surveyor (QS) and a commercial manager in construction perform overlapping but distinct roles. A quantity surveyor traditionally focuses on measurement, valuation, cost planning and cost control. A commercial manager takes a broader role encompassing contract administration, claims management, risk management, procurement and overall financial management of a project. In practice, on most UK construction projects the roles have merged significantly, and a modern commercial manager typically performs all traditional QS functions plus contract and claims management. RKA Associates provide both quantity surveying and commercial management services for subcontractors and contractors across the UK.

An outsourced quantity surveyor for a subcontractor typically costs between £350 and £800 per day depending on experience and the complexity of the work, or a monthly retainer for regular ongoing support. This is significantly cheaper than employing a full-time QS (salary plus employer costs, pension, office space). For many SME subcontractors, outsourced QS support from RKA Associates for one or two days per week provides all the commercial management they need at a fraction of the employment cost. Contact us for a tailored fee proposal.

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, 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.

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. Both principals at RKA Associates are RICS qualified with a combined 40 years of hands-on experience.

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