What to Do When Facing a Claim and How to Avoid Future Claims Part 2
In today’s construction climate, construction professionals are vulnerable to legal disputes. Keeping your claim ratio down requires planning, management, and proactive avoidance techniques. In the event that you are faced with a claim, our Florida construction attorneys want to stress the importance of proactively managing these claims with a comprehensive claims management protocol so you don’t find yourself on the losing side of a construction dispute. If you haven’t already, be sure to read part one of our article.
Contact Your Attorney and Insurers
Insurance companies will want to investigate immediately. It may seem obvious, but making what seems like a harmless statement to the other party could become a part of the record, which later could be interpreted as an admission of liability. Depending on the circumstances surrounding a claim, it’s best to contact an attorney to discuss the specifics of the claim before engaging with the other party. Also, a Florida construction attorney understands the ins and outs of properly gathering evidence and documenting a construction defect claim. You should also notify your own insurance company to discuss what steps will be taken.
How You Can Avoid Construction Claims
Claims are quite costly and often lead to delays and damaged relationships. While no construction project will be problem free, many issues can be avoided when parties effectively manage their projects with well-thought-out strategies, processes, and practices to prevent construction claims. This also includes a strong contract drafted by a reputable Florida construction attorney that sets clear guidelines and expectations as well equitably assigns financial risks. Without a thoroughly written contract, you subject yourself to unnecessary liabilities. It’s also critical to hire qualified, skilled, and reliable contractors and subcontractors which will have a positive impact on the quality of work you provide and decrease the likelihood of claims.
Resolving the Claim
Once you are facing a claim, you must be prepared to resolve the claim. Depending on your contract’s dispute resolution terms, you will resolve your claims either by mediation, arbitration, or litigation. Our Florida construction attorneys are well-versed in dispute resolution and have handled numerous construction arbitration and litigation cases throughout the State of Florida for disputes between owners, contractors, subcontractors, engineers, and more.
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.