As Jacksonville construction lawyers, we know that cumulative impact claims do not occur as frequently as other construction claims; however, they do occur and typically on more complex projects. The important thing to remember is to stay organized and on top of your documenting efforts.
Part 1 of our series introduced you to cumulative impact claims, but this second part will share why claims are rejected and the importance of establishing contemporaneous evidence.
Why Are the Claims Rejected?
As with any construction claim, they can be rejected for various reasons. With cumulative impact claims, the most common reason for rejection is lack of proof, lack of causation, and a party’s failure to make the distinction between compensable impacts and non-compensable impacts. For example, if a contractor on a public contract can not differentiate impact costs caused by the government versus the contractor’s own negligence, the courts may not validate the claim.
How does one build a foundation for a successful claim? As stated before, keeping accurate records throughout the entire operation will prove to be less costly. This simple principle is known as contemporaneous documentary evidence. Keeping daily logs, tracking productivity, and recording other important project altering changes will help reflect causation and differentiate cost and impact in order for a judge to be able to determine the validity of a claim.
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In the end, the inability to prove that unexpected changes impacted productivity and increased costs will render a claim useless. A construction lawyer in Jacksonville is an excellent resource for drafting a contract that protects you from unforeseeable circumstances.
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.