No matter what type of construction claim you may be pursuing, it’s imperative that you give proper notice. Giving proper notice requires compliance with the provisions of the contract or insurance. It also entails identifying the event and giving written notice of the claim to the right party within established deadlines.
Along with giving notice, our Sarasota construction attorneys recommend you do the following:
Select the Right Leader
You need good leadership in place to manage the project and the workers. Identify the best person to manage the team. Areas that will require strong leadership include project personnel, estimation, legal counsel, and scheduling.
Establish a Roadmap
A roadmap must be established from the onset of the project to ensure that a potential claim can be supported. Management should interview key personnel (i.e., estimator, superintendent), review cost reports, segregated job costs, and review and compare bids.
Review Your Contract
Whenever you experience project discrepancies that could lead to a dispute, your contract is the first thing that should be reviewed. This is the time to review contract interpretation issues and provisions that cover delays, changes, disputes, differing site conditions, and schedules.
Review Your Documents
Review all correspondence to see if items have been well-defined and detailed. This includes reviewing the scope of work and change orders. You want to ensure that the change order costs and time have been noted, and that the procedures have been followed. Additionally, make sure RFIs, daily reports, and other supporting documentation are well organized.
Check for Loss of Productivity
Keeping track of productivity levels is essential. Like evaluating costs, you must analyze actual productivity and projected productivity. Determine what may have triggered any loss of productivity to help recover in a claim.
Evaluating recoverable costs is important. Review every major cost to analyze budgeted costs and actual costs. Determine who was responsible for any cost difference—owner or contractors—to recover in a claim.
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.