How to Deal with Construction Claims Efficiently

Construction delay claims can mean costs to both parties involved. These claims are often unavoidable side-effects of construction and may even be out of either party’s control. There are also reputations and relationships at stake, so it’s best to handle the matter with delicate hands if possible. The process to file a claim, and to see it through to completion, is not short. There are ways to handle the claim efficiently that cut down on the costs to you and your organization.

Documentation

Before a claim is filed, it’s best to gather all documentation related to claim. You should keep detailed records of every transaction, from the estimate given by the project manager all the way up to invoices for materials shipped. If something isn’t in the proper quantity, or at a certain quality, you could have a lawsuit on your hands.

In addition, documentation will be required to prove your case in front of a third party.

Private Mediation

One method utilized by construction professionals is mediation. This process is faster than a trial, and far less costly. Construction professionals may mediate for each other in some cases, especially if they are federally or state certified.

In mediation, both parties get to voice their case and have their side heard. A dispute is resolved in a manner that is mutually beneficial. Mediation usually ends with both parties feeling satisfied at the outcome. It’s easier to repair a bruised ego than a burned bridge, so consider mediation if you plan to work with the other party into the future.

— Lyle Charles is a construction consultant and mediator. For assistance with private mediation, or to utilize an expert witness for testimony, contact Lyle Charles Consulting.