Be prepared to be prepared
We really wish that this topic didn’t need discussion but, unfortunately, it has become an industry unto itself. Gone are the days of trust between two parties and the handshake deal over lunch. Those were the good old days, but they disappeared sometime in the 1970′s and the era of dispute and litigation is not about to stop in our lifetimes. Instead, we must be prepared with every tool possible to avoid a dispute, and be ready to win the dispute when it’s unavoidable and we are in the right.
Recovering money on construction contracts becomes necessary under two scenarios: money is being held by the owner for damages caused to the owner by the contractor; or money remains unpaid to the contractor for extra costs incurred as a result of changes to the contract.
Contract claims are necessary to recover these monies when payment is not forthcoming. Claims come in many varieties but most can be prevented with wise steps. We offer you solutions and training to avoid claims and, if necessary, provide an expert staff to prepare them. Our dispute resolution services are prompt and professional and the earlier you get us involved, the better. We have success resolving any claim that we have been called upon to prepare, and take pride in this expertise.
Many firms offer claim services in this industry and many of them claim expertise at mediation and arbitration, which should tell you something. Some “claims representatives” would prefer for the claim be elevated to a higher level because it means more fees without needing to find more clients.
Our position is that if we haven’t been able to resolve the claim between both parties before the necessity of arbitration, or some higher legal action, then we are not satisfied. This is not to say that Lawyers will not have to be involved. They often do to a limited degree in order for both parties to realize that they are dealing with a serious matter. Our expertise in the area of claim preparation and dispute settlement is extensive so, in many cases, we are given authorization by our clients to work as a liaison between the lawyer and the client and to perform as much of the lawyer’s work as possible, and lower those horrendous legal bills in the process.