When there is the possibility of litigation, construction claim preparation is key. Construction claims can be complex and deal with a number of parties. However, proper construction claim preparation can help parties strengthen their case. An expert can help advise on these topics, but he or she will usually offer the following tips:
Prepare a Contract for Litigation
Even if you and the other party understand the terms or work outside the terms of the contract on a regular basis, if the contract is disputed you need to be able to rely on the contract to support your case. Draft provisions in a way that a third party would easily be able to understand them. Establish clear provisions regarding the duties of the parties and the consequences if there is a breach.
Follow Lien Procedures
Alabama has specific laws regarding the acquisition and retention of a lien. These rules must be strictly followed. Acquiring a lien on a construction site can help ensure that the contractor is paid for the services and materials rendered. An expert at construction claim preparation can help explain the relevant lien laws to ensure that they are followed properly.
A construction claims expert can explain that there is a significant difference between not being satisfied with a project and having a legal cause of action. He or she can evaluate the problems that arose and whether there is a cognizable cause of action. He or she can also help prepare documents and exhibits that showcase the level of damages that is appropriate for the case.