claim preparation

7/31/2019 Claim Preparation

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Claim Preparation

'It's not a lawyer that knows the most law who wins, but the one that has the best prepared case'

Claims are almost inevitable on a construction project and in times of recession when margins are low,

claims always proliferate. If the project does not proceed as originally envisaged, either because of

changes, or through acts of prevention, then claims can very often add up to substantial sums. A

successful claim leading to additional time or payment will often make the difference between success

and failure in achieving the party's commercial goals.

From a contractor or sub-contractors point of view, in order for a claim to succeed and to be resolved in

a timely manner, it is essential that claims are presented in a professional way and that they include the

essential elements to enable the reviewer to make a determination. Failure to do so will often result in

either delay in resolution or outright rejection of the claim.

When substantial sums of money at risk, it is essential that adequate resources are deployed to recover

them. It is however, often the case that the parties do not have people with the specialist knowledgeand expertise to successfully produce robust claims, or if they do, such resources are fully occupied with

the day-to-day responsibilities on the project and do not have the time to devote to dealing with what

may be time consuming and complex claim issues. The result of failing to properly prepare or respond to

claims is that the claimant is inadequately compensated, or that the respondent finds himself in a

dispute situation or even litigation.

I can provide expert claim preparation services including the following:

Formulating a suitable strategy to achieve your objectives.

Advising on the merits of the claim.

Quantum evaluation.

Preparation of claim submissions.

The above services may be provided as one-off commissions or by way of supplementing an existing

claims team. Alternatively, if you have a specific requirement, I am always happy to discuss how we can

jointly work to achieve the required objectives.

Claim Review, Determination or Defence

If the project does not proceed as originally envisaged, then claims can very often add up to substantial

sums. Adequately defending against claims or ensuring that the claimant's claims are justified and

correctly evaluated will often make the difference between bringing in a project in accordance with the

budget and programme or not.


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From the employer or consultant's perspective, it is important to ensure not only that claims are

justified under the contract, but that they are evaluated accurately, determined correctly and that the

response to the claimant addresses all essential elements thouroghly.

When substantial sums of money at risk, it is essential that adequate resources are deployed to deal

with them. It is however, often the case that the parties responsible for dealing with claims do not have

people with the specialist knowledge and expertise to successfully manage claims, or they do not have

adequate time to deal with large and complex claim issues. The result of failing to properly respond to

claims is often that the respondent finds himself in a dispute situation or even litigation.

I can provide expert claim defence, determination and response services including the following:

Agreeing a claim defence and response strategy to achieve your

objectives.

Advising on the contractual merits of the claim.

Quantum evaluation.

Preparation of claim determinations and responses.

The above services may be provided as one-off commissions or by way of supplementing an existing

claims team. Alternatively, if you have a specific requirement, I am always happy to discuss how we can

jointly work to achieve your objectives.

Claim Enhancement and Presentation


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In some cases, clients have the resources to prepare a claim themselves but possibly do not have the

required experience to make the claim submission document as effective as it could be. Often the

essential elements of a robust claim are omitted which weakens the case, or the events are not

adequately dealt with or substantiated. If this is the case, the claim could at worst be rejected or at best

require revision and resubmission, which will delay bringing the matter to resolution.

I can offer a service whereby I will review your claim document, suggest ways it should be enhanced and

if necessary, edit your claim so that it contains all the essential elements for success.

Contractual Advice

Construction contracts are invariably complex and it is a fact of life that one party is invariably trying to

either cover up their own errors or omissions or seeking to gain some sort of advantage over the other

party.

Conditions of contract, the particular conditions of application, specifications and drawings, usually

contain ambiguities and conflicts which will lead to differences of opinion between the parties and this

is especially so if the contract documents have not been carefully drafted and compiled.

I am able to offer contractual advice to clients in order to protect their commercial interests from the

tender to the final account by way of the following services:

Review of conditions of contract at tender stage.

Assistance in drafting the final conditions of contract to

reflect post tender negotiations.

Advice on the interpretation of the contract.


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Advice on conflicts and ambiguities within the contract.

Review and advice on correspondence on on-going

events and circumstances.

The level of service depends entirely on the needs of the client. I am happy to take one-off commissions

to advise on a particular issue or to provide an on-going service for the project. Alternatively, if you have

a specific requirement, I am always happy to discuss how I can work with you to achieve your objectives.

Contract Administration Set-Up and Advice

For both the employer and the contractor, the commencement of any project is an intense time. Project

staff have often not worked together, mobilisation is in full swing, the project team are finding their feet

and yet this is one of the most important times for the project one which must be used for setting up

systems and procedures in order to effectively manage the project.

I am able to assist in creating contracts and commercial project procedures and training staff in their use

to ensure that such matters are managed efficiently and that your contractual interests are protected.

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