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“In this world nothing can be said to be certain, except
death and taxes… and construction claims”
(My apologies to Benjamin Franklin for paraphrasing his famous
quote)
In an ideal world, an Employer wants his
project completed on time and within the agreed cost; and
a Contractor wants to achieve completion on time and to be
paid on a timely basis in order to achieve a profit. In essence,
both parties have the same ideals.
Unfortunately, this situation does not always
prevail. Differences of opinion may arise on programme or
other issues which often escalate into a claim. Whilst claims
are not inevitable, they are a recurring theme throughout
the construction industry.
‘Claims Avoidance’ is
all about managing the project process and preventing claims
emerging, from both sides of the contractual divide. Monitoring
systems should be implemented to identify potential issues
which may become claims/disputes, and dealt with as they arise.
Pre-emtive action can prevent and claim arising. This, in
our view, is the optimum strategy to adopt in most situations.
In short, the ideal way to ‘manage
a claim’ is to avoid it.
How can we help you?
Gibson Consulting can provide you with any of the following:
Project Record Keeping & Progress Reporting:
Many time related claims that escalate into disputes are
due to a combination of poor planning, programming and a
lack of accurate progress records. One of the good points
of the Society of Construction Law’s ‘Delay
& Disruption Protocol’ is its recommendations
on programming and record keeping.
Programme Appraisal:
Contractor’s programmes can be considered and advised
upon regarding sequence and durations.
Project Monitoring:
We can provide a project tracking service to monitor actual
progress against planned.
Project Heath Check:
We will provide an objective and comprehensive health check;
with recommendations on how to improve performance to recover
any delay in total or in part.
As outsiders to the project, we are not burdened by the
baggage of personalities and can offer objective advice.
Preliminary Assessment & Initial Findings
Report (the ‘Quick & Dirty’ exercise):
This brief review will allow us to give you a report with
our findings and initial opinion on the strengths & weaknesses of your potential claim and our recommendations
for future action.
For this, we will review key records and documents, have
discussions with key personnel, carry out a brief analysis
and prepare an ‘Initial Findings’ report.
This is a time-constrained exercise taking three to four
days and our report will be with you within 10 days of your
instructions to commence; and all for a guaranteed maximum
fee cost.
FURTHER INFORMATION & CONTACT
info@gibsonconsulting.co.uk
Gibson Consulting, 3 The Quadrant, Coventry CV1 2DY
Tel: +44 (0)24 7624 3607 Fax: +44 (0)24
7624 3608
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