Business consulting during times of crisis
Written by Lyle Charles
Construction delay claimscan become very tedious and time-consuming. If you get an inexperienced legal counsel, it can take years to resolve wherein the chances of you winning might even be slim to none due to lack of any documentary evidence to back up your claim. In a legal standpoint, a delay sets in when a party obligated to perform a particular act or deliver a particular thing fails to do so even when the agreed maturity date of the obligation has arrived. Depending on your contract, your delay can be very quick to resolve with the amount of damages fixed and predetermined; or it can be very tedious and difficult to determine where a court or a mediation board, or arbitrator would have to determine the award for you – and despite all that, the award might not even be enough to cover your losses. If you want to get out on top in situations such as this, you need to make sure that you stipulate penal clauses for any project delays with fixed liquidated damages as well as interest rates. You can do this by stipulating these conditions in your contract where both parties agree and are amenable to the contract. This will expedite any and all claims for delay, and the only thing you need to present is the contract itself and the fact that the opposing party truly is in delay. The documents that you essentially need are progress reports from the architect or the engineer in charge of the project.
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When it comes to finding the best construction claims consultant, you need to make sure that they have a very good track record. This way, identification of risk as well as dispute avoidance wouldn’t cause you so much trouble and grief.