Construction claims is one of the many facets of construction law. This article discusses two key parts of construction claims: claim preparation and expert testimony.
Claim Preparation
Once a claim has been decided as the proper course of action, it is important to develop a strategic approach in preparing and presenting the claim. Doing so will maximize the potential for recovering potential losses. Your position is best supported by a thorough analysis of the project contracts and documentation, and compelling written and graphical illustrations of the facts. Trying to gather all of this information yourself can be overwhelming. A professional company that deals specifically in construction claims can help you prepare for all types of claims, including
scope changes
schedule delay and disruption
defective and deficient contract documents
construction acceleration
management issues
cost of corrective work
unforeseen and differing site conditions
tort claims
construction means and methods
construction productivity loss
delay claims
assessment of force majeure events
constructive and directed change
wrongful contract termination or suspension
payment claims
and of course, construction claim presentation and negotiation
Expert Testimony
An expert testimony is a testimony about a scientific, technical, or professional issue given by a person who is qualified to testify because of familiarity with the subject or special training in the field. The law divides witnesses into two classes, lay opinion and expert opinion. By definition, a lay witness is any witness who is not qualified to testify as an expert on a particular subject. On the other hand, expert witnesses are persons who are qualified, either by actual experience or by careful study, to form definite opinions with respect to a division of science, a branch of art, or a department of trade.
The law states that people who don't have the experience or training necessary are not fit to form accurate opinions or draw correct conclusions. Thus, in construction claims cases, expert witnesses are gathered for the evidence and professional insight that their testimonies can provide on the case.
Cost Verifiers (http://costverifiers.com) provides specific litigation support for construction claims. Rachel Spohn is a freelance writer.
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