Case Study - 425,000 m³ Excavated
Material Disposal Variation

Case Study: 425,000 m³ Excavated Material Disposal Variation

 

Background

 

Matrix Construction Claims Consultants assisted a contractor on a major enabling works project in the Middle East involving a dispute over the disposal of excavated material.

The original contract required the contractor to dispose of excavated material above a specified particle-size threshold. During the works, the contractor was required to dispose of all excavated material, including material below that threshold.

This resulted in a substantial additional quantity of approximately 425,000 m³ of excavated material being removed from site.

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The Challenge

The contractor submitted a claim for the additional disposal works; however, the claim was disputed.

The main issues included:

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• Whether the additional disposal scope constituted a variation;

• Whether transport records were sufficient to prove the quantities removed;

• Whether formal delivery receipts were required;

• Whether the contractor had received any financial benefit from the removed material;

• Whether the unresolved claim could affect retention release and certification.

 

A key issue identified by Matrix CCC was that the original claim did not clearly explain the contractual difference between the original disposal obligation and the additional disposal actually carried out.

 

Matrix CCC’s Role

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Matrix CCC advised the contractor to revise the claim by presenting the matter as a clear contractual variation.

The revised claim focused on:

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• The original contract scope;

• The change from disposing only specified material to disposing all excavated material;

• The additional quantity removed from site;

• The available transport records as supporting evidence;

• The contractual basis for valuation;

• The contractor’s entitlement to payment for the additional disposal works.

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Matrix CCC also advised that the claim should be supported by a clear narrative linking the instruction, the additional work, the records, the valuation, and the contractual entitlement.

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Outcome

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Based on Matrix’s advice, the contractor revised and resubmitted the claim.

After the claim was restructured and supported with clearer contractual reasoning and evidence, it was approved by the Engineer.

This outcome demonstrated the importance of properly presenting a claim, not only by submitting quantities and correspondence, but by explaining the contractual entitlement in a clear, logical, and evidence-based manner.

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Key Lesson

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A valid claim can be rejected or delayed if it is not properly presented.

 

Matrix Construction Claims Consultants supports owners, developers, contractors and project teams with claim defence, variation assessment, delay analysis, final account review and dispute support.

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Matrix Construction Claims Consultants

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