In order to determine the strength of a particular claim, you may decide to bring in an independent consultant to conduct a construction claims analysis. Having a professional assessment completed can help you learn about the strength of your case as well as any risks. A construction claims analysis can be conducted on nearly any type of construction-related claim, including workers’ compensation, breach of contract, breach of warranty or other types of claims. Knowing what to expect from this process can help you better understand its value.
The first thing that your consultant will want to do is to review objective information. This includes a review of any relevant documents in the case. For example, if the legal dispute involves a breach of contract claim, he or she will review the contract. If the claim is for workers’ compensation, he or she will want to review the claim form, medical reports and employment contracts to determine if the injured worker is covered by the business. Additionally, the consultant may review OSHA regulations based on the particular provisions that may apply to the case.
The consultant may then discuss the legal issue with relevant witnesses. This information can help the consultant review statements and evidence that may later be presented before a judge or arbitration panel. The consultant may also view the work environment to ascertain if the environment could have had an impact on a claim. This information can help guide the consultant in determining how the construction claim arose and whether it has merit. It also allows the consultant to identify strengths and witnesses in the client’s case.
Once the construction claims analysis is completed, the consultant will usually prepare a written report and present this information to the client so that the client can make an informed decision about how to proceed with the case.