The Importance of a Construction Claims Expert

| September 23, 2014

English: LANAO DEL SUR, Philippines (Nov. 3, 2...

The field of construction has a lot of “what-ifs”. These what-if scenarios can really hurt the bottom-line of the construction contractors, financiers and property owners. To help with the situation, its important to work with a construction claims expert.

These experts, like Lyle Charles and hundreds of other firms, work as a third-party consultant and legal arbiter and litigator. Instead of work conflicts going through extensive legal gridlock, the construction claims specialist works to alleviate the conflicts quickly. This helps the construction project move along in a prompt manner. If issues do go to trial, then the construction claims professional team provides testimony at trial.

Construction claims specialists are well-trained in regards to the law and also to construction. These professionals are trained to understand how construction scheduling, contract negotiating and financing tend to work. In addition, actual construction knowledge, such as steel fabrication, building engineering, interior work and even painting, is information that construction claims specialists have intimate knowledge in. This gives them unprecedented insight in the construction process and helps them arbitrate more effectively between parties.

There are many legal issues that a construction claims professional may be needed for. One type of claim is a delay in the construction. These claims regard the construction project running behind schedule due to unforeseen circumstances like bad weather. The construction claims professional can help in the beginning by writing into the contract excusable delays or a force majeure provision. Force majeure refers to “acts of God” which can set back the construction so much that the provision in a contract helps to excuse all parties from liability.

A second type of claim with construction projects are issues of acceleration. This is when the contractor is finishing the project ahead of schedule. This may seem like a positive thing, but some legal issues can arise from acceleration. The owner may not want to pay for the full contract if the project is done ahead of schedule or the contractors may demand more work and payment to finish out their time.

Other types of claims are labor-side issues. One is a construction modification claim which is when the contractors modify their construction against the contracted blueprints. Contractors may also have a massive labor issue, including strikes, that will require the construction claims specialist to help arbitrate or testify in court.

No major construction project should go ahead without consulting with a construction claims specialist. These professionals can save all parties involved with the construction project time and money including headaches associated with litigation.

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Category: Business

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