claims-delay-documentation

name	claims-delay-documentation
description	Guides PMs on contemporaneous recordkeeping, delay notices, and documentation practices that support potential construction claims.

Claims & Delay Documentation

Important Disclaimer: This skill provides documentation awareness and guidance only. Actual claims preparation and prosecution should be handled by qualified claims consultants and legal counsel. Project managers focus on building the contemporaneous record; claims professionals use that record to pursue recovery.

Quick Reference: Documentation Types

Documentation Type	Purpose	Timing	Reference
Daily Logs	Record events, conditions, workforce, issues	Same day as events occur	Contemporaneous Recordkeeping
Delay Notices	Preserve rights, notify owner of impacts	Within contractual timeframes	Delay Notice Templates
Photo/Video	Visual evidence of conditions and progress	Continuous throughout project	Contemporaneous Recordkeeping
Impact Records	Document productivity losses and disruption	As impacts occur	Disruption Documentation
Acceleration Records	Document directed or constructive acceleration	When acceleration begins	Acceleration & Compression

Delay Classification Matrix

Delay Type	Owner Caused	Contractor Caused	Third Party/Force Majeure
Excusable	Yes - time extension warranted	No	Often yes - depends on contract
Compensable	Usually yes - time + money	No	Typically no - time only
Concurrent	Typically bars both parties from recovery	See Entitlement vs Quantum	Complex analysis required

Notice Timing Requirements

Notice Type	Typical Deadline	Consequence of Late Notice
Delay Notice	7-14 days from discovery	May waive claim rights
Impact Notice	Varies by contract	Reduced recovery potential
Reservation of Rights	Immediately upon concern	Weakened claim position
Claim Submission	21-30 days after impact ends	May bar recovery entirely

Critical: Always check your specific contract for notice requirements. Deadlines vary significantly.

See Delay Notice Templates for sample language.

Delay vs Disruption

Aspect	Delay	Disruption
Definition	Extended project duration	Loss of productivity without time extension
Impact	Later completion	Higher costs, same duration
Documentation	Schedule analysis	Productivity records
Recovery	Time extension +/- costs	Additional costs only
Analysis Method	CPM schedule analysis	Measured mile, studies

See Disruption Documentation for detailed guidance.

Impact Quantification Methods

Method	Best Used When	Reliability	Reference
Measured Mile	Comparable unimpacted work exists	Highest	Impact Quantification
Industry Studies	No project-specific baseline	Moderate	Impact Quantification
Modified Total Cost	Some costs segregable	Moderate	Impact Quantification
Total Cost	No other method possible	Lowest - disfavored	Impact Quantification

When to Engage Claims Consultants

Situation	Action	Reference
Complex delay with multiple causes	Engage scheduling consultant	Expert Report Basics
Significant productivity losses	Engage claims consultant	Expert Report Basics
Dispute likely to proceed to litigation	Engage early for document strategy	Claim Narrative Structure
Acceleration being considered	Consult before agreeing	Acceleration & Compression

Claim Structure Overview

Component	Purpose	Key Elements
Entitlement	Prove liability exists	Contract terms, breach, causation
Quantum	Prove damage amount	Costs, lost productivity, analysis
Narrative	Tell the story clearly	Chronology, facts, exhibits

See Entitlement vs Quantum and Claim Narrative Structure.

Daily Documentation Checklist

Record Every Day:

• Weather conditions (temperature, precipitation, wind)
• Workforce counts by trade
• Equipment on site
• Work performed and areas worked
• Visitors and inspections
• Delays encountered and causes
• Instructions received (verbal and written)
• Safety incidents or concerns
• Material deliveries and shortages
• Photos of conditions and progress

See Contemporaneous Recordkeeping for complete guidance.

Document Retention Best Practices

Document Category	Retention Period	Storage Requirements
Daily logs and reports	Project + 10 years minimum	Original format, indexed
Photos and videos	Project + 10 years minimum	Organized by date and area
Correspondence	Project + 10 years minimum	Complete threads preserved
Schedule files	Project + 10 years minimum	Native format (.xer, .mpp)
Cost records	Project + 10 years minimum	Auditable detail

Reference Files

• Contemporaneous Recordkeeping - Daily logs, photos, correspondence, defensible records
• Delay Notice Templates - Notice of delay, impact, reservation of rights, timing
• Impact Quantification - Measured mile, total cost, productivity analysis
• Acceleration & Compression - Directed vs constructive, documentation, cost recovery
• Disruption Documentation - Loss of productivity, cumulative impact, ripple effects
• Expert Report Basics - When to engage experts, report structure
• Claim Narrative Structure - Organization, executive summary, exhibits
• Entitlement vs Quantum - Proving liability vs damages, burden of proof

Related Skills

• Schedule Management (CPM) - Delay analysis methods, float ownership, schedule updates
• Contract Administration - Change order processing, general notice requirements, RFIs
• Document Control - Filing systems, transmittals, distribution tracking

---

Remember: Document during the project; let claims professionals prosecute later. Your job is to build the record.