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.