At DisputeIQ, we don’t advocate vexatious or
frivolous claims. But we absolutely do advocate early claims — not necessarily because we expect them to succeed, but because of what they reveal. Think of it as sending out a stalking horse: a deliberate test to gauge the terrain, provoke a response, and shape your strategy for what lies ahead.
1. WHY ISSUE AN EARLY CLAIM?
Because it tells you things you can’t learn any other way.
- How will the Engineer respond?
- Will it be an emotional pushback or a calm, technical reply? This often reveals whether you’re dealing with a rational administrator or a reactive gatekeeper.
- How is the contract being applied in practice? You’ll see whether contractual terms are being respected — or ignored.
- What behaviours emerge under light pressure? Emotional defensiveness? Legal precision? Employer influence? Understanding this early helps shape your tactics.
- Can your own team follow the contract — and your procedures — when the stakes are low? It’s a live test of your internal systems: notice periods, records, programme integrity.
Ultimately, the early claim is a behavioural probe. It helps you observe, decode, and adapt, so that when the real claims emerge, you’re not guessing — you’re predicting.
2. HOW TO DO IT?
Pick a genuine early delay event. Choose something relatively minor, but clear:
- A portion of the site not handed over on time
- Late nomination of a subcontractor
- Delays in approving contractor design submissions
- Employer delays in material selection
The earlier the better. And if the impact is limited? Even better. The point isn’t to win — it’s to surface behaviours and test systems.
Use a simple delay analysis — we recommend Impacted As-Planned at this early stage. It’s cheap, quick, and proportional to the issue. It lets you quickly identify how the critical path on this project responds to delays. It allows you to see which paths are critical or near critical.
Submit formally. Keep it clean. Structure your logic. Support your assertion with programme evidence, logic links, and contractual language. You’re demonstrating credibility as much as entitlement.
3. WHAT TO EXPECT?
Pushback from your own side:
- “It’s too early.”
- “This might sour the relationship.”
- “Why make a fuss over something so small?”
This is natural. But the objective is not confrontation — it’s clarity. You’re not spoiling relationships. You’re stress-testing them.
Pushback from the Engineer:
- Requests to withdraw
- Dismissive remarks
- Warnings that “claims aren’t helpful”
Ignore them. The Engineer can’t amend the contract. Your obligation is to comply with it. This is about protecting your company’s future position — and gathering insight, not making noise.
4. WHAT HAVE YOU LEARNED?
This is where the psychology kicks in. An early claim teaches you:
- The Engineer’s behaviour type — Cooperative, legalistic, evasive, defensive?
- Your own operational discipline — Can your team follow the process under low-stakes conditions?
- Surprises in the contract or specs — Unusual analysis requirements? Vague response periods? Now you know.
- The tone of the game ahead — You’re not guessing anymore. You’re observing.
Just as importantly, you’ve set up and tested your internal machine. Now it’s calibrated. When the pressure increases, your systems — and your people — are ready.
5. IN SUMMARY
An early claim, if used smartly, is a strategic asset. It’s your stalking horse — revealing who you’re dealing with, how they behave, and what the battlefield looks like. It costs little, risks even less — but teaches you everything. It gives you clarity, structure, and confidence — all essential if you’re to plan and claim with greater certainty as the project unfolds. And who knows — it might even succeed.
davidbrodiestedman@dispute-iq.com
