CONSTRUCTION CLAIMS ANALYSIS
Difficulties and disputes often arise on projects and how they are dealt with can greatly influence outcomes.
Construction Expert Services are experienced in the identification and analysis of contractual claims and can provide strategic support to clients including analysis, quantification, presentation, management and assistance with resolution of contractual claims that arise on projects.
Construction Claims Analysis
We assist clients with the determination of appropriate actions to take should a claim be identified. The earlier a claim is identified the more options may be available to mitigate the potential associated risks
We are experienced in the forensic assessment of information and at tracking, identifying and responding to large quantities of information that from time to time can form the basis
of a contractual dispute in order to establish the direct cost incurred associated with a claim.
Every claim whether submitted by employer or contractor, necessitates an independently
considered approach, We can assist with the identification and development of a tailored approach for all types of claims including:
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Changes to scope of work;
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Variation claims;
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Schedule delay and disruption;
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Extension of time, delay and prolongation issues;
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Constructive and / or directed change;
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Loss of productivity;
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Amendments to construction methodology;
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Instructed acceleration;
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Cost of corrective work;
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Change to site conditions, unforeseen conditions;
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Management issues, inadequate directions and the like;
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Assessment of force majeure events;
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Defective and / or deficient contract documents;
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Wrongful contract termination and / or suspension; and
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Breach of contract type claims etc.
Claims often arise as a result of cost overruns, delays encountered, changes to scope of work, variations ordered or defective work which can all be assessed and quantified.
The quantification of costs arising out of a claim requires a methodical, experienced and analytical approach where information can often cover a number of elements of a project including the initial cost estimate, within project scheduling or the sequencing and management of work under progress.
We are expert in the identification, analysis, quantification, presentation and valuation of construction damages including:
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Cause and effect analysis;
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Assessment of direct damages;
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Prolongation and extended project costs;
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Expanded project costs;
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Labour productivity loss or disruption;
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Cost escalation;
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Preliminaries thickening; and
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Head office overhead and other costs.
Negotiation and Resolution Services
In addition to the preparation of claims we are expert in assisting clients during negotiations associated with settlement of contentious issues, with a proven track record in establishing equitable outcomes for each party to a negotiation, we can act to help avoid a costly dispute by quickly establishing the relevant facts and acting as a conduit to facilitate an amicable settlement, and where settlement becomes impractical, we can assist by, providing a vital link between the technical and legal aspects of a dispute.
One of the most contentious aspects of any claim can be the differing valuations established by the parties involved. We have managed and experienced claims on behalf of employers, owners and contractors alike which provides us with an experienced viewpoint that helps establish and identify correct liability, methodology and quantification of damages efficiently serving the best interests of our clients and the parties to a dispute.
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