Disputes and claims are common in the construction industry, and are typically thought to result in litigation. However, most lawsuits settle before trial. With settlement though, comes expenses and exhaustion. That’s why when there is a dispute that cannot be avoided, we recommend you consider negotiating an agreement before litigation even begins. As construction attorneys in Jacksonville, we’ve provided a few tips on construction claims negotiation.
1. Form Your Position Early
When negotiating a settlement, your biggest priorities will be preparing for the negotiation and presenting facts and legal support of your claim. If the disputing parties can settle on an agreement based on the facts, the matter has a better chance of being reconciled. If you try to resolve a claim without taking the proper amount of time to establish and support your facts, it will hinder your chances of reaching an agreement.
2. Compose A Compelling Claim Document
A well-prepared claim document will show your opposing party that you are ready and willing to pursue your claim. If for some reason your claim settlement negotiations fail, the claim document will also give you a good place to start if you decide to pursue litigation or arbitration.
A proper claim document consists of:
- A cost breakdown of damages you are trying to recover
- A reference of project correspondence and contract specifications
- Necessary photos or damages
- Legal theories that support your claim
Put Yourself In Your Opponent’s Shoes
Something that most people tend to forget about is putting themselves in their opponent’s shoes. What are their probable arguments? A construction attorney in Jacksonville will be experienced in anticipated arguments, and seeking their advice will be highly beneficial.
Find The Right Negotiator
The right negotiator will be willing to listen to your claims, have knowledge of the contract, the ability to anticipate the opposing parties’ arguments, and be able to present your argument successfully.
To speak with one of our construction lawyers in Jacksonville, or for more information on our construction law services, please contact our office at 904.425.5030 or submit our contact request form to request a consultation.
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.