A construction claims analysis is an independent assessment of a legal claim and whether it has merit. While a party may be able to easily identify why a problem arose with a construction contract, this information may not be as evident to an objective individual such as a juror. In order for a party to prevail on a construction claim, they must be able to show the cause and effect, or in legalese, causation. A thorough construction claims analysis can evaluate whether the cause and effect can be clearly established in the given case. A construction expert assists clients with... Read More

When there is the possibility of litigation, construction claim preparation is key. Construction claims can be complex and deal with a number of parties. However, proper construction claim preparation can help parties strengthen their case. An expert can help advise on these topics, but he or she will usually offer the following tips: Prepare a Contract for Litigation Even if you and the other party understand the terms or work outside the terms of the contract on a regular basis, if the contract is disputed you need to be able to rely on the contract to support your case. Draft... Read More

Sometimes it is difficult to justify retaining one person on your legal team. However, if your claim is a valuable one, a construction claims expert can be the person who provides specific and time-driven information to help you maximize the claim. However, if your construction claims expert is not effectively handling the following tasks, you may not be getting your money’s worth and you may want to consider another expert. Assessing Causation Before you can ever have a chance at recovering, you must be able to clearly establish how decisions made within the scope of the project resulted in you... Read More

An independent consultant is often brought onto the scene in order to conduct a construction claims analysis. He or she may provide insight and information for the party who is being sued or the party who is pursuing a case against the other side. A construction claims analysis helps inform the party that retained the services of the consultant about the strength and weaknesses of their case involving workers’ compensation, structural failure, breach of contract or other construction claim. Analysis of Documents If the claim is based on a contract, the consultant will begin the analysis by carefully reviewing these... Read More

With many construction projects running into multi-million dollar budgets and involving multiple parties, the possibility of being embroiled in a construction dispute increase every year. Construction claim preparation may need to be completed after you learn about an impending contract dispute, employment claim or lawsuit against your business. Likewise, if you are the party pursuing resolution of the dispute or litigation, you will need to complete such preparation. Conducting proper construction claim preparation may help prevent a claim from going through litigation or help minimize your risk if it does. The need to prepare for a construction claim can arise... Read More