Construction Claims Analysis: Establishing Cause and Effect

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 helping to uncover the reason or reasons why a particular event occurred. Such an expert is knowledgeable about the type of issues that often arise in this context. He or she will look not only at the reasons you allege caused the problem but also at the full scope of the project in order to comprehensively evaluate the claim. Even if some of the reasons that you allege did contribute to the construction claim, having an objective expert evaluate the same evidence and information can help provide an extra set of eyes to the case. In this manner, critical information may be discovered.

If a construction claims expert finds that there is a viable claim, he or she will then assess the potential damages that may be awarded. The types of damages that are available depend on the nature of the claim and the circumstances of the case. For example, workers’ compensation laws prohibit awarding non-economic damages. Additionally, the parties may have agreed to liquidated damages in the contract, which may provide damages of a specified amount. Having an expert conduct this analysis can help you learn about potential settlement figures and the strengths and weaknesses of your case.