Claims Management in Construction
Why do Construction Companies need Claims Management?
The massive scope of a construction project, its complex environment, and various uncertainties attached to it often causes augmented costs & delays that lead to construction claims. In such cases, well-documented claims, supported with relevant analysis & paperwork, maybe settled amicably. Contract Square comes to your assistance for Construction Claims and Dispute Resolution. As the burden of proof generally lies with the one staking a claim, accurate & timely documentation, and analysis of the same is essential to receive just awards.
While construction companies are great at engineering and execution of the project, we at Contract Square stand behind them at every step to ensure expert Claims Management. We take over all the documentation, correspondence, review, analysis, and evaluation required to strengthen the claims. Our immensely qualified & experienced team takes over the tedious Claims Management tasks, leaving you free to execute the project at your best.
What Triggers Claims?
Most of the Construction Claims arise from omissions & errors and misinterpretation of the contractual clauses. If the contract is not fair, with most of the obligations resting with the contractor, it is a sure shot invitation to claims.
Let us look at some of the reasons for claims in construction projects:
- Lateral changes in the scope of the project leading to changes in contract work
- Delay in site handover
- Deficient drawing plans & engineering designs
- Unforeseen site conditions, including soil composition, etc
- Delay due to Price Escalation
- Poor construction productivity
- Neglect or willful breach of contract by one party or the other
- Damages due to natural disasters and force-majeure conditions
- Unwarranted termination of the contract
- Delay in Statutory Clearances
When claims in a construction project arise due to any of the above-mentioned reasons, the Claims Management process kicks in. The process involves timely identification, analysis, quantification, evaluation & document submission of the claims to ensure cordial settlement, avoiding any disputes or legal hassles.
Claim Management Process at Contract Square
The professionals at Contract Square hold a significant recognition for successful arbitrations with a cumulative value of INR 12 billion ($150 MM). Our specialist team offers you complete Claims Management assistance for speedy resolution of any claims in construction projects.
Here are some of the steps taken by our qualified techno-legal experts to handle Claims Management and avoid disputes:
- Documentation of Contractor’s Claims and Counter Claims by the Owner
- Investigation, Analysis, Preparation and Presentation of Claims
- Preparation of Damage Analysis for Damage Assessment
- Assessment of Owner’s Liability for direct cost issues, change order requests, etc.
- Cause & Effect, Liability, Delay, Entitlement, and Productivity analysis to prepare claims
- Prolongation, Disruption and Acceleration, Cost Evaluation to file claims
- Claims Management, Negotiation, and Defense of Claims
- Prevention against Liquidation Claims by the Owner
- Techno-legal documentation for claims negotiation & settlement
Claims negotiations are very important for a project as an unsuccessful negotiation may lead to disputes, resulting in wastage of both time & money for all stakeholders. Connect with Contract Square to help us offer you the best solutions in the arena of Contract and Claims Management.