Deciding Whether a Claim is Worth Legal Action

August 30, 2016 by  
Filed under Construction, Legal

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construction-delay-claimsConstruction delay claims can be as costly to recoup losses from as the losses you incurred to begin with, if you’re not careful about which ones you pursue. Deciding whether a claim has a good basis to pursue is what construction consultants specialize in. These insider tips should provide a good measure to work with. If you’re unsure, you should consult a professional. As always, retain an attorney for legal advice before making any serious decisions with legal repercussions.

Calculate the Costs

What are the true costs of pursuing the claim? Do you have someone on your team who can actively fight a claim, or will you need to hire a construction expert witness to testify on your behalf? Is your recordkeeping meticulous? Can you document everything you’ve done, and compare it to the work order?

If you’re unsure about any of these, you might be looking at a claim too expensive to pursue. If your losses were substantial, it might make sense, but construction mediation might be a better, more efficient route to resolution.

Resolving the Claim

Another concern is whether you can prove your side of the claim, and get the full resolution you seek. What you document as your losses may not sync up with what the opposing side is ordered to pay when the claim is settled. Make sure you’re evaluating your real losses properly, and documenting those losses in connection with the claim.


Lyle Charles has been helping businesses of all sizes to navigate complex construction delay claims; acting as a mediator, witness and consultant as needed.