A contract is the center of any agreement, no matter what industry the deal arises in. In construction deals, the contract is executed between the contractor and the property owner. A construction contract includes terms covering financing, payments, liability concerns, insurance issues, and a variety of other topics that the parties may wish to add. Should a conflict emerge during the construction, the contract must be reviewed to determine how it dictates such a conflict will be resolved. In many cases, construction claims consultant may be contacted to review the contract. Construction claims consultants analyze the terms of construction contracts to determine whether they are legally binding and which party is liable for resolving the conflict.
Construction claims consultants may be hired even if there is no pending litigation in the dispute. In fact, it is an astute move to hire a construction claims consultant before filing a lawsuit because the construction claims consultant will provide insight into the value of a potential claim. In some cases, a party is simply mistaken about the contract terms, and filing a lawsuit would have been unnecessary. In fact, in many jurisdictions, a party may be fined or sanctioned for filing a frivolous lawsuit.
If litigation has been initiated, however, the construction claims expert presents an opinion on the nature of the contract. They help analyze some of the most common contract issues, such as payment disputes, whether a breach has occurred, conflicting terms, and whether the contract obligations were fulfilled properly.