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Evaluation and management of industrial technical claims

Technical complaint handling: reconstructing the facts before discussing them

The supplier rejects responsibility for the delay. You are convinced that it is his, but what you have in your hands are four months of emails, partial minutes and no orderly history.

The evaluation of technical claims is used to reconstruct the sequence of facts from the order documents, verify whether the dispute holds up on a technical level and put in writing deviations, evidence and technical responsibilities.

Evidence makes a position sustainable

Why a dispute is won or lost on the evidence

In a technical dispute, the parties rarely lie. More often they remember different things, in a different order, and each in good faith. What decides is not who is right on the merits, but who manages to demonstrate the sequence of facts with documents produced when the facts happened.

Without chronology it is one opinion against another

A delay almost always has several competing causes: a material that arrived late, a modification requested during construction, an approval that remained at a standstill, a process that was redone. Attributing it entirely to a part is easy in words and difficult to sustain. When the delay concerns a complex supply, the reports produced during industrial expediting provide a chronological basis already verified, with milestones, criticalities and actions required from the supplier.

Not all non-conformities are claims, and not all claims are well-founded

Part of our job is to tell the customer that his challenge, on a technical level, does not hold up. It's an uncomfortable but useful outcome: knowing in advance that a position is weak allows you to negotiate instead of aggravating a dispute that will cost more than it can yield. The evidence collected during industrial technical inspections also helps to establish when a non-conformity was already detectable, who was informed about it and how it was handled.

The technical part must be built before the lawyers intervene

When the matter passes to the lawyers, the technical reconstruction becomes the material on which they work. If that material does not exist, it is built quickly, under pressure and by those who do not know the sector. When the dispute arises from a derogation, an ambiguous specification or a choice made in the course of work, industrial technical consultancy also makes it possible to reconstruct the rationale of the decision and the alternatives available at that time

Demonstrating the deviation is not enough: it is necessary to prove its effect

A delay, non-compliance or a procedure not complied with does not automatically attribute all the costs incurred to the counterparty. It is necessary to demonstrate what concrete consequence they have produced on the order. It is this step that transforms a technical survey into a truly sustainable position.

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Merits of a complaint

Who is the service for?

We work with EPC contractors, plant and component manufacturers, oil and gas and petrochemical companies, energy operators, shipyards, railway companies and metalworking companies. The roles involved are project managers, project managers, technical directors, quality managers and procurement managers, often together with the internal legal department or external legal consultant.

 

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From the dispute to the documented position

What changes with a technical claims assessment

What others do

Memories, selected emails, beliefs

It is discovered by treating, often too late

Delay is attributed in bulk

To be built under pressure, by those who do not know the sector

It stiffens, because no one can prove anything

Documented sequence of events, with precise references

Verified before exposing, including weaknesses

Concurrent cases are separated and weighed individually

Ready-made, in the correct technical language

It moves on to the facts, where an agreement is more achievable

From documented facts to a sustainable position

Why technical claims evaluation protects your position

A dispute is weakened when it is based on memories, isolated emails, and attributed responsibilities without a verifiable history. The evaluation of technical claims reconstructs the sequence of facts, links each deviation to its consequences and verifies which responsibilities are really supported by the evidence of the order.

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TECHNICAL CLAIM FAQ

Frequently asked questions about technical complaints

It is a formal request made by one of the parties to a supply contract when it considers that the other has not complied with what has been agreed: time, technical requirements, performance or method of execution. Unlike a simple verbal dispute, the claim is presented with contractual references and with an indication of the required consequences. Its durability depends almost entirely on the quality of the technical and documentary evidence on which it is based.

A non-conformity is a technical finding: an element that does not comply with the specification. On its own, it does not generate a claim. It becomes a claim when it produces a contractual consequence — a delay, an additional cost, a performance not achieved — and when one of the parties asks the other to answer for it. The decisive step is the demonstrability of the link: it is not enough that the non-conformity exists, it is necessary to be able to document that it has caused that specific effect. This is exactly where most of the disputes weaken.

Document management operates during the order: it prepares, verifies and keeps the documentation in order while the activities are in progress. The claim evaluation operates a posteriori and with a different purpose: it uses those same documents, together with contracts, timelines and correspondence, to reconstruct what happened and establish where there was a deviation. The link between the two services is direct: the quality of document management determines how much it is possible to reconstruct afterwards. Poorly documented orders are also the most difficult to defend.

No. We are not a law company, we do not provide legal advice, we do not represent the client and we do not comment on the outcome of a dispute. Our intervention is technical and documentary: reconstructing the facts, verifying compliance with specifications and standards, identifying and documenting deviations. The result is delivered in a form that can be used by your lawyer or by the internal legal department, which remain the only ones to evaluate the legal aspects of the matter. In practice, we often work in parallel with them.

The starting point is the contract with its technical specifications, together with the timeline and purchase orders. Then there is evidence of execution: inspection and test reports, supply documentation, open non-conformities, reports and technical correspondence between the parties. It is not essential that the material is complete or tidy. In most cases it is not, and tidying it up is part of the job. What is needed is that it is authentic and fully available, including the unfavorable parts.

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