A thick claim submission with tabbed sections open on a conference table

For contractors

Requests for Equitable Adjustment

A request for equitable adjustment can bring together the reported change, its administration, and the supporting time and cost information. The content depends on the project record, contract requirements and questions presented.

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 request for equitable adjustment can address a single change or several events and their supported time and cost effects. Cumulative effects need additional analysis of how the events interacted.

Congested construction work area with multiple trades operating in close quarters

Possible assignment considerations

In practice

  1. 01

    Define the circumstances precisely

    Set out what occurred and over what period, distinguishing discrete changes from the conditions they created together.

  2. 02

    Trace causation to cost

    Connect the circumstances to specific additional work, resources or lost efficiency, using records rather than the size of the overrun.

  3. 03

    Consider cost information

    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.

  4. 04

    Separate the evidenced from the inferred

    State plainly which parts rest on documents and which on reasonable inference, and price them accordingly.

Considerations and limitations

Questions and limitations to consider

Total cost as the argument

A difference between estimated and actual cost may raise questions about quantities, pricing, performance, changes and other contributing conditions.

Cumulative impact asserted

Claiming interaction between changes without showing how the work on the ground was actually affected.

Everything claimed at once

Folding well-evidenced items in with speculative ones, which drags the credible parts down with the rest.

Requests for Equitable Adjustment

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