The Basics of Cumulative Impact Claims Part 1
At Cotney Construction Law, we understand that going through the claims process is not something many construction professionals look forward to. Our experience as Jacksonville construction attorneys has shown that there are ways to make the process a lot easier for yourself and everyone else involved. It all begins with forethought and purposeful preparation. This is especially true for cumulative impact claims, also known as “ripple” effect.
In this first article, we’ll discuss the factors that lead to a claim and how contractors can go about proving a claim. Read Part 2 to learn about more cumulative impact claim basics.
What Leads to a Cumulative Impact Claim?
There are many issues that lead to claims in construction but when it comes to cumulative impact claims the overwhelming reason is related to an influx of changes. Some of the sources of cumulative impact include:
- Out-of-sequence work
- Trade stacking
- Material lead times
- Clean up
- Dilution of supervision
What tends to happen in these situations is a lack of attention (for any reason) to the need to expedite paperwork in support of these changes which also leads to decreased work production on the job-site. The end results is a contractor’s inability to claim for damages after the completion of a project. As construction lawyers in Jacksonville, we advise our clients to avoid claims by drafting a strong contract, staying organized, and responding to claims promptly.
How Do You Prove a Claim?
Cumulative impact claims can be proven through a contractor’s diligent effort to detail the cause of the claim. This includes analyzing and deducting the claimant’s role in causation if any. For example, a contractor needs to determine if the contractor’s own inefficiencies contributed to the damages in question. In short, the claims that are validated are the one’s backed by sufficient evidence (showing cause) collected over the course of the project.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.