When companies hire a construction claims consultant to manage a dispute, they expect a speedy resolution. If you find yourself in such a situation, the consultant will require some basic documents from you before trying to expedite the claim. In extreme situations, disputes may need to go to trial. The consultant may also advise against pursuing a claim in certain circumstances. This guide will help you understand how the process works.
A major component to construction claims management is establishing who is at fault. That requires documentation of work performed compared to the scope of work promised. This also applies to materials disputes, where receipts will show what the project owner purchased and can be compared to the invoice showing what was delivered. Documentation is crucial, so the best step you can take in your own outfit is to designate a record keeper and make sure you keep accurate records.
Mediation is required when a claim cannot be resolved in a timely manner. Disputes cost money, but sometimes the dispute results in a work stoppage over a problem that cannot be solved. Mediation is a good way to avoid the time a trial will take while providing a solution everyone can agree to.
Some construction advisory services may recommend not taking action on a particular claim, and it might not make immediate sense why you would want to leave money on the table like that. Consider the time it would take to resolve a claim. Mediation, for instance, is still a time consuming process that is unavoidable in some cases. It may be more advantageous to cut your losses and continue with the work as planned.
Every dispute is different, so it’s important to approach each problem with an open mind and seek an amicable resolution.