Construction Claims Analysis for Construction Disputes

Claims in the construction industry are commonplace and practically impossible to entirely avoid. It is important to resolve construction claims quickly and efficiently once they arise in order to avoid a costly and protracted lawsuit. Construction claims tend to be quite complex, technical, and fact intensive, requiring the need for a thorough construction claims analysis. If you are involved in a construction dispute, hiring a construction claims analysis expert will be invaluable in your efforts to reach an equitable resolution.

When a construction claims occurs, how the claim is documented and presented can often mean the difference between whether there will be a quick and inexpensive resolution to the dispute, or whether there will be a long and expensive legal battle over the issue. Making an accurate assessment of the merits of a claim is crucial to that end. If a construction claim merits legal prosecution, comprehensive analysis, organization and preparation is essential to getting a good result.

The best method of presenting a construction claim is by the submission of a claim document that can be offered to the opposing party in the very early stages of a construction dispute. In-depth fact-finding that involves an onsite inspection, gathering of documents from all sources, and creation of timelines is key to a sound claims analysis.

If a construction dispute involves a delay claim, a construction schedule delay analysis will be crucial in making determinations about time-related issues such schedule delay, acceleration, liquidated and consequential damages, etc. Schedule delay analysis will involve a forensic review of the project documentation and other relevant data in order to make a determination regarding the effects of delays and other impacts on the construction project schedule. The results of the schedule delay analysis can establish the period of time for which a party involved in a construction dispute may be entitled to compensatory damages.