“Claimsmanship”: Current Perspective

Abstract

Owners, engineers, and contractors used to focus on designing and building projects as a team for the mutual benefit of all parties. Over the past two decades, as project complexity has increased, deadlines tightened, and profitability declined, teamwork has fallen by the wayside. The more common buzzwords current in the construction industry today are liability avoidance, risk transfer, and claims mitigation. This trend has brought into the industry a new approach to doing business: claimsmanship; i.e., what “claims games” can be played to decrease “our exposure” during construction while increasing the exposure of the other guy. This paper discusses some 11 claims games commonly practiced by contractors on public projects—some old, some new, all currently in vogue. The paper also discusses 11 claim games being used by public owners—most new and not yet thoroughly tested.