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.

Expediting Construction Delay Claims

May 18, 2016 by  
Filed under Legal

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Article written by : Home Improvement

Construction delays are costly. Sadly, construction delay claims can drag on indefinitely before a claimant is able to obtain appropriate compensation for the underlying problem. There are some strategies that can be employed in order to expedite a claim made in regard to an inappropriately delated construction project.

Construction Mediation

One avenue worth exploring when it comes to a claim related to a delay is construction mediation. There are construction mediators that focus on this type of claim with regularity.

Mediation is an alternative dispute resolution process. Through mediation, a professional mediator works with the parties to reach a reasonable resolution of a dispute. A mediator, such as Lyle Charles, does not make decisions for those involved in the mediation.

Retaining Experts

One reason that a resolution of a claim related to a construction delay can be delayed itself arises from a purported lack of evidence to support the claim. In these situations, it helps to have someone on your side who can explain, in non-technical terms and easy to understand language, what’s going on in the case. This person can shed light on  facts, provide authoritative testimony and help offer a neutral perspective.

For example, if the contractor claims the delay was the result of an issue relating structural steel used in the project, the contractor may claim that the delay was beyond its reasonable control. Retaining the services of a structural steel expert can assist in eliminating the roadblock. Such an expert can explain that the delay actually was the fault of the contractor and not some other subcontractor or third party. In short, an appropriate expert can be invaluable in moving a claim for a delayed construction project forward.