Chris

To answer your question seriously (why?)

Generally the change to the processes used are being driven by the courts in that adjudication is now the norm, and only difficult / contentious cases are now getting to the TCC. As such much more of the claimants work is done up front as the timescales are much tighter in adjudication. The defendants work is even more time constrained and tends to be quite rough and ready - which is the purpose of adjudication.

Generally the SCL protocols are beginning to be followed in as much as the highway code is - if you don’t follow them then you have to justify why you haven’t done so.

New versions of commonly available software now give the capability of producing Cause and Effect programmes much more easily. Whether you use Windows, TIA or other procedures, the requirement of the lawyers is that you must be able to show the clear link between cause and effect, although recent case law suggests that so called ’Global’ claims may have a slightly greater chance of success than previously if it gets to court(Previously the chance of success was approximately nil!)

The reason for my flippancy previously is that in the end the success of the case still depends on three things which it has from the beginning -
1) Records
2) Records
3) More records

If you do not have the evidence of what happened and when it happened you have no chance of producing any case which will stand up in a court of law.

Generally where there are good records the case will not get to court as both sides will review the evidence before going to court and decide not to if there is a good case against them. S

SO, well run projects tend not to result in court cases. It is the poorly run projects where instructions are not recorded, contracts poorly drawn up, works inadequately managed and recorded etc., that end up in court.

Unfortunately my experience suggests that there are more of the latter than the former, and the balance is growing so the courts will continue in business for the foreseeable future.

Make it £200 and i’ll give it some thought!

True Andre,

Claims can be avoided by putting more effort in at at the planning and scoping stages of projects.
The creation of robust change control processes is also paramount.

i’m feeling that the more civilization the world will be , the more claims will arise and field of claims industry will be expanded and will be more organized.