Aipedia: Quantity surveyors

AI loss and expense and delay claims: causation, sources and credibility

Aipedia, by the Apex broking team · Last reviewed 2026-10-30

AI can help a quantity surveyor assemble loss and expense and prolongation claims, but every causal link, reference and figure must be checked against the records. An AI claim that overstates or misquotes damages credibility in adjudication or court, and can rebound on the QS.

Part of: AI in quantity surveying

In short

QSs and claims consultants are using generative AI to summarise programmes, correspondence and site records and to draft loss and expense and prolongation claims. The risks are causation that the records do not support, contract clauses or authorities that are misquoted or invented, and quantum that is inflated or double counted. Courts have warned about fictitious AI-generated citations in Ayinde [2025] EWHC 1383 (Admin). The RICS AI standard requires a named surveyor's written reliability decision (4.2). If a client loses because of a flawed claim, PI usually responds as negligence, subject to the policy terms.

How QSs use AI in claims

Delay and disruption claims depend on large volumes of records: programmes, progress reports, instructions, minutes, emails and cost data. Generative AI chatbots and document review tools can read these, build chronologies, summarise events and draft the narrative of a claim. Some tools also suggest quantum by pulling prolongation costs from accounts or timesheets.

For a QS preparing a claim for a contractor, or rebutting one for an employer, this saves weeks of reading. But a claim is an argument that must be proved, and AI is good at producing persuasive text whether or not the records support it. It may also fill gaps in the records with plausible assumptions, such as when an instruction was received or how long an activity took, without flagging that the fact is missing. The other side, the adjudicator and any expert will test those assumptions against the documents.

The duties that apply

Several existing duties apply to this work:

RICS AI standard 4.2: a named, appropriately qualified surveyor applies professional scepticism and records whether the claim document is reliable.
Section 2: members must understand that AI can produce erroneous output, including invented references.
3.1: claims material is often confidential and commercially sensitive; get express prior written consent before uploading it.
Rules 1, 2 and 3: the RICS Rules of Conduct require honesty and integrity, competence and a diligent service. Presenting unsupported figures can engage Rule 1 as well as Rule 3.

What can go wrong

Errors tend to follow a few patterns:

Unsupported causation: the AI narrative links delay to employer events without critical path analysis or records showing the link.
Fabricated or misread references: clauses are quoted from the wrong edition of a contract, amendments are missed, or cases are cited that do not exist.
Inflated quantum: costs are counted under both prolongation and disruption, or head office overheads are claimed on an unsupported basis.
Lost credibility: once an adjudicator or judge finds one invented reference, the rest of the claim is viewed with suspicion.

In R (Ayinde) v Haringey LBC; Al-Haroun v Qatar National Bank [2025] EWHC 1383 (Admin), the Divisional Court addressed fictitious AI-generated citations. RICS has cited it as a warning to surveyors in dispute work.

Illustrative: a claims consultant QS uses AI to draft a prolongation claim. The draft refers to a clause from an unamended standard form and cites an authority that does not exist. The employer's response exposes both. The adjudicator awards a fraction of the sum claimed, and the contractor later says the QS's flawed claim cost it a recovery it should have made.

How PI usually responds

A claim by a client that its QS prepared a negligent claim is usually treated as professional negligence under the RICS Approved Minimum Wording, subject to the policy terms. Insurers may want to know whether claims consultancy is within the firm's declared professional business, and whether the loss is the difference between what was recovered and what a competently prepared claim would have recovered. Our guide to construction claims and expert witness PI covers how this work is usually insured.

Practical controls

Useful controls include:

Check every contract reference against the signed contract and its amendments.
Verify every authority from a primary source before it goes into a document.
Tie each causal statement to a record and a programme analysis.
Reconcile quantum to accounts and timesheets and check for double counting.
Record the named QS's sign-off and what was verified.

How Apex helps

Apex arranges PI for quantity surveyors and claims consultants. A broker can check that claims work is declared on your proposal and covered in your business description. Related: AI-drafted adjudication submissions, AI in quantum expert reports, AI valuing variations, adjudication and PI cover and the QS AI hub.

Sources

Frequently asked

Can I use AI to build a delay chronology?

Yes, as a starting point. Treat the chronology as a draft and check each entry against the source document. The RICS AI standard expects a named surveyor's reliability decision on outputs with a material impact, and a chronology underpinning a claim usually has one.

What happens if a claim cites a case that does not exist?

It is likely to damage the claim's credibility and may lead to adverse costs or criticism. The Divisional Court addressed fictitious AI citations in Ayinde [2025] EWHC 1383 (Admin). Verify every authority from a primary source before submission.

Is claims consultancy covered by my QS PI policy?

It depends on the professional business described in the policy and what you declared. QS policies may include claims work, but you should confirm it, particularly if you act as a party representative in adjudication.

Should I tell the client that AI was used to prepare the claim?

Yes, if you are an RICS member or in a regulated firm. Standard 4.3 requires written notice to clients in advance of when and why AI is used. Telling the client also lets them decide whether the claim material can be uploaded, which 3.1 requires in writing.

Check your PI covers how you use AI

Tell us about your firm and the work you do. A broker will review how your current PI treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.