A construction claims expert actively works to look out for the financial interests of the company that hires him or her. One of the most effective ways that a construction claims expert can accomplish this goal is by attempting to prevent claims from arising in the first place.
A proactive approach begins during the preconstruction phase. This allows a claims expert to have input into the actual construction contract that will clarify the legal rights and responsibilities of all of the parties involved. The expert can use his or her specific knowledge of the construction industry and experience in project management in order to inform him or her during the process.
A construction claims expert can review all documents that are utilized in order to draft the contract. A claims expert has previous experience working with issues common in these types of contracts and can provide this insight into the plan. Additionally, if problems have arisen with similar projects in the past, focus on problem areas where early resolution is most likely can be supplied. By being involved at this stage in the process, a claims expert can also insist on provisions to protect your company, such as including provisions for alternative dispute resolution if conflict does arise. This strategy often minimizes the likelihood of major claims arising.
If a claim is threatened, a construction claims expert can review the various documents in question, including the final contract, change orders, modifications, requests for information and correspondence between the parties. By conducting this careful analysis, a claims expert can identify key issues in the case. This helps him or her make recommendations on how to potentially resolve issues early in the process and minimize liability.