Introduction: Why Smart Claim Management Is the Foundation of Infrastructure Project Success
Infrastructure projects—roads, bridges, airports, rail systems, desalination plants, water networks, ports, energy grids, and major PPP developments—are engines of national growth. However, these projects also face unavoidable risks: design changes, unforeseen ground conditions, delays in approvals, interface conflicts, regulatory constraints, supply chain disruptions, and scope adjustments.
Every one of these issues can trigger claims worth millions of dollars.
In practice, disputes in infrastructure projects do not simply “appear.”
They grow gradually from:
- unclear contract provisions,
- unmanaged risks,
- inconsistent documentation,
- poorly presented claims,
- late communication,
- weak project controls.
Effective claim management is not just a defensive tool—it is a commercial strategy.
It prevents disputes, protects entitlements, and maintains project momentum.
LEXARB offers a full suite of advisory services tailored to the complexities of infrastructure projects in the GCC, MENA, and international markets. Our role is to help clients manage claims proactively, negotiate effectively, avoid escalation, and—when disputes arise—resolve them efficiently through arbitration or other mechanisms.
- What Makes Infrastructure Claims So Complex?
Infrastructure projects differ from ordinary commercial contracts due to:
- multi-tiered subcontracting,
- dozens of interface points,
- lengthy construction periods,
- sophisticated technical requirements,
- extensive regulatory involvement.
As a result, claims are rarely straightforward.
- Delay and Disruption Claims
These arise from:
- late issuance of drawings,
- slow approvals of shop drawings or method statements,
- site access delays,
- variations and re-sequencing,
- interface coordination failures,
- supply chain interruptions,
- regulatory or permitting obstacles.
Delay and disruption claims require:
- scheduling expertise (CPM, TIA),
- productivity analyses,
- quantification of prolongation costs,
- detailed project documentation.
- Variation and Scope Growth Claims
Most infrastructure projects experience deviations between the planned scope and reality:
- additional lanes in a highway,
- redesign of a railway viaduct,
- increased pipeline capacity,
- changes in signaling systems,
- new environmental requirements.
These must be captured, notified, priced, and documented to avoid disputes.
- Claims Related to Design and Engineering Coordination
Common examples:
- conflicting design instructions,
- misalignment between consultants and contractors,
- missing geotechnical data,
- incomplete IFC drawings,
- changes requested due to safety regulations.
Such claims often require expert analysis of engineering responsibilities.
- O&M and Lifecycle Claims in PPP Projects
Long-term agreements generate disputes involving:
- tariff adjustments,
- performance deductions,
- lifecycle replacement obligations,
- operational efficiency,
- revenue-sharing mechanisms.
PPP claims combine legal complexity with financial and operational issues.
- The Three Pillars of Effective Infrastructure Claim Management
LEXARB applies a structured approach built on three foundational pillars.
Pillar 1: Early Identification of Claims and Risks
Most claims fail not because they lack merit, but because:
- notices were not issued in time,
- evidence was incomplete,
- causation was not documented,
- contractual procedures were not followed.
LEXARB helps clients establish:
- risk registers,
- claim monitoring tools,
- early warning systems,
- contractual compliance checkpoints.
Pillar 2: Robust Documentation and Evidentiary Strength
A claim is only as strong as the evidence behind it.
Critical documents include:
- correspondence logs,
- site diaries,
- delay notices,
- design revisions,
- inspection reports,
- daily production records,
- cost records,
- meeting minutes,
- schedule updates.
LEXARB assists clients in creating document strategies that support claims long before disputes arise.
Pillar 3: Strategic Claim Preparation
An effective claim must show:
- entitlement,
- causation,
- impact,
- quantum.
LEXARB prepares claims that:
- follow contractual procedures (FIDIC, EPC, DB, PPP),
- articulate the narrative clearly,
- demonstrate delay impact through recognized methodologies,
- quantify financial consequences accurately,
- position the client for negotiation or arbitration if required.
- Dispute Prevention: The LEXARB Advisory Approach
Prevention is more cost-effective than dispute management.
LEXARB provides dispute-avoidance support by:
- Conducting Contract Health Checks
We review infrastructure contracts to identify:
- ambiguous clauses,
- risk allocation gaps,
- procedural pitfalls,
- conflict-prone obligations.
This helps clients avoid future claims and manage risks from day one.
- Establishing Claim Management Protocols
These include:
- notice templates,
- escalation paths,
- internal approval workflows,
- document control systems,
- schedule update requirements.
- Facilitating Negotiations and Dispute Boards
Many clients rely on LEXARB to:
- lead negotiations,
- manage DAB/DAAB submissions,
- structure settlement meetings,
- prepare mediation briefs.
Well-managed negotiations often resolve disputes early—before they reach arbitration.
- Training Project Teams
LEXARB trains engineering and commercial teams in:
- claim identification,
- contract administration,
- delay analysis fundamentals,
- effective correspondence,
- risk forecasting.
- A Real Case Example: How LEXARB Prevented a Major Airport Claim from Escalating
A contractor in a large international airport expansion faced:
- delays in receiving MEP design approvals,
- conflicting instructions from different consultants,
- daily losses caused by re-sequencing.
The employer argued these were contractor coordination issues.
LEXARB intervened early, reviewing thousands of communication records.
We identified:
- a pattern of contradictory instructions between two engineering consultants,
- multiple emails showing conflicting interpretations of fire compliance standards,
- minutes confirming the employer’s late review of key drawings.
LEXARB’s strategy included:
- Preparing a clear claim narrative supported by irrefutable evidence.
- Demonstrating causation through a structured delay analysis.
- Presenting the claim through a negotiation-led process rather than litigation.
- Facilitating technical meetings between the parties.
Outcome:
- The employer acknowledged responsibility for part of the delays.
- Both parties agreed to a financial settlement.
- The contractor obtained an extension of time, avoiding penalties.
- The dispute was resolved without arbitration.
- Anecdote: One Handwritten Note Prevented a $30M Claim
During a dispute involving roadworks, the employer accused the contractor of poor asphalt compaction.
While examining the site notebooks, LEXARB discovered a handwritten note by the employer’s own inspector:
“Compaction approved – proceed to next section.”
This small piece of evidence:
- disproved the employer’s allegation,
- protected the contractor from a massive deduction,
- shifted negotiations entirely in the contractor’s favor.
It shows how claim management is won by those who understand the value of every document.
- Why Clients Choose LEXARB for Infrastructure Claim Management
✔ Deep understanding of GCC and international infrastructure projects
✔ Expertise in FIDIC, EPC, PPP, DB, BOT, BOOT structures
✔ Strong engineering and delay analysis capability
✔ Ability to prevent disputes before they escalate
✔ Comprehensive claim preparation for negotiation or arbitration readiness
✔ Multilingual team (English, Arabic, French, Russian)
✔ Proven track record with government entities and major contractors
✔ Strategic, commercially-oriented advisory services
LEXARB combines legal precision, engineering insight, and negotiation strategy to deliver unmatched support in claim management.
Conclusion: Proactive Claim Management Protects Projects — and LEXARB Helps You Take Control
Claim management in infrastructure projects is not merely about responding to problems; it is about anticipating them.
Effective claim management:
- protects cash flow,
- avoids penalties,
- ensures contractual rights,
- strengthens negotiation positions,
- reduces arbitration risks,
- enhances project performance.
LEXARB provides clients with the expertise needed to navigate the complex landscape of infrastructure claims and avoid costly disputes.
If your infrastructure project requires strategic claim management, early dispute prevention, or support in negotiation or arbitration, contact LEXARB for a confidential consultation.
Our advisory team is ready to help you manage risks, strengthen your position, and protect your project outcomes.