Every contractor, whether they’re a general contractor or a subcontractor, goes into a project with the best of intentions. However, they are also running a business. When something is impeding their ability to perform the work they’ve been contracted to do, they must take action in the form of a claim.
Claims are submitted often on construction projects, but their quality varies widely. A successful and an unsuccessful claim often comes down to one determining factor, the quality of the documentation that supports it. Producing consistent documentation requires attention to detail, which can be difficult on a busy job site.
The Orlando construction lawyers at Trent Cotney P.A. have provided the following list of items to consider when working on any project. If you would like to skip ahead to part two, click here. These items should be continuously tracked and gathered in the event a claim needs to be made.
When filing a claim, the first document you need to examine is your contract. It should outline the parameters for filing a claim. It should also give a detailed scope of work, describe the process of making change orders, and provide the overall framework for how work should be done.
Correspondence Pertaining to a Claim
When the claim is being made, all correspondence between affected parties should be documented. This shows that all parties have been made aware of the claim and details leading to the claim.
Notice of Claim
Even if your contract doesn’t require you to file a notice of claim, it’s still a good practice. The notice of claim formally makes all parties aware that a claim is being filed and that the actions detailed in the claim are having an impact on the project.
It’s critical to have information supporting the validity of your claim. This may include photos and videos, inspection reports, emails, site logs, or job cost reports.
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.