Construction Claims Consultant Provides Required Administration Support
Construction claims eventuate because projects are rarely straightforward and under such circumstances the contractor seeks to recover time and cost or loss and expense as it more aptly referred to. Accordingly, the contract usually makes provision for compensation events, which will include changes to the permanent works compensated through variations or change management mechanism or how a contractor shall proceed in the event of perceived entitlement to claim for unforeseen impediments in the execution of the works. In my experience, regardless of contract provision, both areas of reimbursement become sensitive depending on the monetary value appended to them and where on the divide each party is positioned relative to the issue. Sentiment and bias should not play a part in such matters but often does.
PCM Ltd is a professional claims management specialist and as seasoned consultants we have the proficiency to resolve issues, either in defence of or achieving proper entitlement for our clients. Our aim is always to discharge such applications in an equitable manner. So that the management teams on both sides of the argument can get on with the business of completing the project. Clearly, if focus is preoccupied with questions of compensation and justification of merit then attention is drawn away from the joint objective of delivery.
There are clear benefits in using the service of a claims management specialist. Because we ensure that correct procedures are followed when a compensation event is identified. Putting the argument of condition precedent to one side for the time being, Contractors may experience loss of entitlement under the contract because of failure to adhere to the time bar clause. Whereby adequate notification of an event and particulars of its expected effects, with an estimate of cost and or expected delay in completion of construction is not provided within the prescribed time limits. It is far better to follow the requirements of the contract, pure and simple, rather than risk legal challenge.
Resorting to adjudication or arbitration for dispute resolution, where predominantly time and cost are the catalysts for reparation, is becoming more prevalent because the issues are not settled impartially. However, this need not be the case if the correct approach is taken during implementation of the construction works. Putting claims management in the hands of a claims consultant removes any possibility of prejudice or conflict, ensures procedures are followed correctly and subsequently tempers any frustration of non-performance in relation to the contract. Leaving the way clear for management teams to direct their efforts towards getting the job done.
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