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Construction Experts and Claims Consultants Articles List

8 Articles Found

Today’s refining, chemical, petrochemical, and heavy industrial facilities process and utilize hazardous chemicals, and despite the best laid plans and procedures, accidents do happen. Accidents could range from fires to explosions, resulting in chemical releases and damage to equipment and the facility, hopefully with minimal or no injury to personnel.   Insurance is often called upon to reimburse the owner for property damage and business interruption expenses following the fire, all of which could result in claims and disputes if not handled appropriately. Heeding some lessons learned during the rebuild process can help minimize the opportunities for claims and disputes following a fire or explosion.   Extinguishing the Fire and Preserving Surrounding Assets   There are many critical items that should be considered following a fire or explosion. First and foremost, safety of all personnel should drive all responses. It ...

Contractor’s proposals are often the first step in a courtship between owners and contractors. Initially, everyone is optimistic for a successful outcome. The honeymoon period may last the entire project and culminate in a project that is delivered on-time and on-schedule. However, in today’s overheated construction environment, costs may rise, labor may become scarce, engineering may be late or defective, and equipment and material may arrive at site late or defective, all of which may strain relationships between owners and contractors and often can lead to litigation. A recent trend in construction litigation involves a rather novel approach of owners claiming a breach of contract against contractors for failing to fulfill the “promises” contained in their technical and commercial proposals that are often referenced in or attached to the contract as an exhibit. Contractor’s proposals often contain optimistic statements, sometimes ...

There is an ongoing debate as to whether or not it is advisable to use experts in mediation. In many cases that go to mediation, the issues in dispute are often relatively simple, strictly fact-based, and do not require damage calculations. In such cases, experts are often not required. This is generally not the case in the engineering and construction industry. Issues and disputes that occur during construction projects are typically not black and white issues. Using experts in these situations can prove beneficial for everyone involved in the mediation. The purpose of mediation is to find a mutually acceptable solution or compromise. Using construction experts with respect to these more difficult issues can help the client enter the mediation from a position of strength based on a thorough technical analysis. It is also important to remember that this may ...

If negotiations are stalled and litigation appears to be the only solution, follow these steps: Re-evaluationRe-evaluate your claim to determine if your demand is realistic. Research and prepare any new facts, explanations, or support. Advise opposition parties of new figures, facts, or other relevant information, and request further discussions based on the new information. New Claim ReviewAsk for a new claim evaluation by an unbiased claim administrator or review team. Be specific about why you want a change. Emphasize your intent to negotiate in good faith. MeetingRequest a senior management meeting between the two parties in dispute. Have senior management meet to exchange viewpoints and to ascertain if any measures could or should be taken in order to settle the dispute without litigation. Senior management should be thoroughly briefed about the issues under discussion, the amounts claimed or counterclaimed, and ...

If negotiations are stalled and litigation appears to be the only solution, follow these steps: Re-evaluationRe-evaluate your claim to determine if your demand is realistic. Research and prepare any new facts, explanations, or support. Advise opposition parties of new figures, facts, or other relevant information, and request further discussions based on the new information. New Claim ReviewAsk for a new claim evaluation by an unbiased claim administrator or review team. Be specific about why you want a change. Emphasize your intent to negotiate in good faith. MeetingRequest a senior management meeting between the two parties in dispute. Have senior management meet to exchange viewpoints and to ascertain if any measures could or should be taken in order to settle the dispute without litigation. Senior management should be thoroughly briefed about the issues under discussion, the amounts claimed or counterclaimed, and ...

Communicating Effectively Few things are as important as the ability to communicate effectively, particularly in construction claim negotiations and litigation. Disputes in the construction arena often involve technical information and damages, especially if indirect damages are incurred, such as productivity losses or delay costs. The party who incurred the damages needs to be able to communicate to the other side why the damages were incurred and the impact certain events had on project costs. Audiences retain visual representations of data with greater accuracy and for a longer period than they do the written or spoken equivalents of the same information. Visual aids, such as graphs, timelines, and tables, are effective with audiences unfamiliar with the project details, who may include upper management, mediators, arbitrators, or jurors. The visual aid needs to bridge the gap between the technical information and basic ...

"I'll see you in court!" Those volatile words are not uncommon when conflicts arise on a construction project. But nobody really wants to be in court. There is an alternative - mediation. Construction projects require contractual interdependence between many parties and frequently the complexity and nature of those relationships lead to conflict. Construction disputes are usually intricate and when they are not resolved, they commonly escalate to legal action involving arbitration or litigation. By the mid-1980s, it was becoming apparent to many that litigation costs were growing exponentially, and that many disputes that reached the legal arena could have been resolved earlier had the parties communicated their issues to each other clearly in a less combative setting. As with many trends, a few pioneers noted the phenomenon and developed an alternative approach to resolving a dispute-one that could be used ...

Negotiation is a process for satisfying needs. People negotiate daily in various situations. Individuals negotiate with others for everything from the cost of a car to the choice of restaurant for dinner. Negotiation is a form of cooperation and leads to compromises acceptable to both sides, bringing business projects to fruition. Many individuals become particularly skilled in negotiation through their life experiences. Others study the traits and techniques of successful negotiators. A select few become expert negotiators in the construction industry. The Qualities of a Professional Negotiator Awareness: Probably the single most important trait of a skilled negotiator is awareness. Negotiators must not only be perceptive of others, they must also be knowledgeable about themselves and the details of the issues under consideration. Negotiators must be able to understand others' reactions and quickly respond in a positive and productive manner. ...