Identify Claims Potential — Before It's Too Late
63% of legitimate construction claims are never filed. The reason: they're identified too late — often during execution, when documentation requirements and deadlines have already been missed. BlackSwanAI identifies claims potential during the bidding phase.
What Is Claims Potential?
Claims potential (German: Nachtragspotential or Nachtragspotenzial) refers to situations in construction and works contracts that can lead to legitimate supplementary claims. It arises when the actual scope of work required deviates from the contractually agreed service description — through gaps in the bill of quantities, contradictory specifications, changed or additional works.
Legal Basis
Under VOB/B (German construction contract procedures), claims arise from § 2 (changed and additional works), § 6 (obstructions) and other provisions. In international contexts, FIDIC clauses apply.
Both Spellings Apply
In German, both Nachtragspotential and Nachtragspotenzial are correct. BlackSwanAI analyzes claims potential regardless of spelling conventions.
Early Identification Is Critical
The earlier claims potential is identified, the better claims can be documented, factored into pricing, and filed within required deadlines.
The 63% Statistic: Why Claims Are Missed
Industry studies consistently show that up to 63% of legitimate construction claims go unfiled. The primary reason: claims potential is only discovered when work is already underway — and documentation requirements have been missed.
Time Pressure During Bidding
With 2-3 week bid deadlines, there's little time for in-depth contract analysis. Specification gaps and contradictory clauses remain undetected.
Lack of Systematic Approach
Without structured analysis, each estimator checks based on personal experience. Systematic gaps remain hidden — especially in complex trades.
Documentation Started Too Late
Claims require timely notice and comprehensive documentation. Those who first identify the potential on-site have often already missed the deadlines.
How AI Identifies Claims Potential
BlackSwanAI systematically analyzes tender documents for patterns that indicate claims potential. The AI compares service descriptions, contract conditions, and technical specifications against known risk indicators.
Specification Gap Analysis
Automatic review of the bill of quantities for missing items, incomplete quantity specifications, and implicit services not explicitly described.
Contradiction Detection
Cross-referencing between bill of quantities, special contract conditions, technical specifications, and drawings — contradictions create claims potential.
VOB/B Pattern Recognition
Identification of contract constellations that typically lead to claims under § 2(3), § 2(5), § 2(6), and § 6(6) VOB/B.
Quantity Risk Assessment
Analysis of lump-sum and provisional items for hidden quantity risks and unrealistic unit rates.
VOB/B and FIDIC: Legal Foundations
Supplementary claims are not favors — they are based on clearly defined contractual and legal provisions. Knowledge of these foundations is essential for systematic identification of claims potential.
§ 2(3) VOB/B — Quantity Changes
If the executed quantity deviates by more than 10% from the contract price, an adjustment of the unit price can be demanded.
§ 2(5) VOB/B — Changed Works
If the client changes the design or orders different works, the contractor is entitled to a new price.
§ 2(6) VOB/B — Additional Works
For works not foreseen in the contract but necessary for execution, additional compensation must be agreed.
§ 6(6) VOB/B — Obstruction and Interruption
If the contractor is obstructed through no fault of their own, they are entitled to reimbursement of demonstrably incurred costs.
FIDIC Clause 20 — Claims
In international contexts, FIDIC Clause 20 governs the procedure for claims and disputes — with strict 28-day notice requirements.
From Identification to Action: The Workflow
Identifying claims potential is step one. What matters is the structured workflow from identification through documentation to successful enforcement — or strategic pricing in your bid.
Step 1: Systematic Analysis
AI-powered review of all contract documents for claims potential — bill of quantities, special conditions, technical specifications, drawings.
Step 2: Formulate Clarification Questions
Targeted questions about identified ambiguities — this documents the need for clarification and provides protection for later claims.
Step 3: Adjust Pricing
Factor identified claims potential into your bid — as a risk premium, strategic pricing, or conscious competitive advantage.
Step 4: Ensure Documentation
From project start, build documentation for potential claims — daily logs, obstruction notices, photo documentation.
Step 5: File Claims
Timely claims filing with complete documentation, VOB/B references, and traceable cost calculations.
Use Cases
AI-powered claims potential identification is relevant for various market participants in construction — from general contractors to specialized subcontractors.
Construction Companies & General Contractors
Identify claims potential before bid submission, strategically price, and systematically enforce during project execution.
Subcontractors & Specialist Trades
Especially relevant: claims in the subcontractor chain are often not passed on. Systematic identification protects against margin loss.
Project Developers & Clients
Understand contractor-side claims potential to draft better contracts and account for claims risk in project budgets.
Legal Advisors & Claims Managers
Use AI analysis as groundwork: a structured claims potential register as the starting point for legal assessment.
Frequently Asked Questions
What is the difference between Nachtragspotential and Nachtragspotenzial?
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There is no substantive difference. Nachtragspotential and Nachtragspotenzial are two spellings of the same German term for 'claims potential.' Both variants are used in construction law and VOB/B literature. BlackSwanAI identifies and analyzes claims potential regardless of spelling.
How does the AI identify claims potential in my documents?
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The AI analyzes bills of quantities, contract conditions, and technical specifications against known risk indicators: missing items, contradictory information, unclear quantity assumptions, lump-sum pricing, and formulations that typically lead to claims. Each finding is referenced to the relevant VOB/B provision.
Which VOB/B sections are checked?
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The analysis covers the most important claim bases: § 2(3) (quantity changes), § 2(5) (changed works), § 2(6) (additional works), § 6(6) (obstruction and interruption), and other relevant provisions depending on the contract constellation.
Does the analysis also work with FIDIC contracts?
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Yes. In addition to VOB/B-based analyses, BlackSwanAI also supports FIDIC contract patterns. The analysis identifies claims potential under FIDIC Clause 20 and considers the specific deadline and procedural requirements of international construction contracts.
Do I need to have signed the contract already?
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No. The analysis is particularly suitable for the bidding phase — before you submit your bid. This way, you can factor claims potential directly into your pricing strategy. The analysis also works with existing contracts to identify unfiled claims.
What does the claims potential analysis cost?
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The first analysis is free. You receive a complete claims potential register with VOB/B references, specification gap analysis, and action recommendations — with no obligation and no registration required.
Does the AI analysis replace legal advice?
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No. The AI provides a systematic initial assessment and a structured register of identified claims. For legal enforcement, we recommend working with your legal or claims management team — our analysis provides the optimal groundwork.
Which documents should I upload?
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The more documents, the more accurate the analysis. Ideal: bill of quantities, special contract conditions, additional contract conditions, technical specifications, and drawings. We accept PDF, DOCX, and GAEB formats (X81, X83, D81, D83).
Can the analysis be used for subcontractors?
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Yes, and it's especially valuable for subcontractors. Claims in the subcontractor chain are frequently not passed on. The systematic analysis helps subcontractors identify and assert their legitimate claims in time.
How does the AI analysis differ from manual contract review?
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The AI systematically analyzes all documents against an extensive database of known risk indicators — in hours instead of days. Manual review depends on individual experience and typically misses contradictions between different documents. The AI analysis complements human expertise, it does not replace it.
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