Contract Claims

The best way to deal with claims is avoidance. The procedures and systems necessary to avoid or minimise claims also provide the necessary information to prepare or refute claims and produce counter claims.

David can advise on the modification of existing systems, the provision and implementation of new systems to generate/obtain and manage the records necessary for this purpose (incidentally these are also the records and systems necessary to efficiently manage the works both as a Client and a Contractor/Consultant) and thus rapidly determine cost and programme effect.

It is essential that as part of the Strategy the various forms of dispute resolution are considered and decided on and that they preserve the necessary degree of flexibility to ensure that a suitable forum is applied to each type of dispute. Would it be better to have a technical matter decided by an expert in that field as an Adjudicator, Expert determinator or Arbitrator rather than a CTC Judge? Is it better to have ones ADR person decided by an institute or go for a pre-agreed or pre-agreed list of Adjudicators, Experts, Mediators or Arbitrators or possibly a tribunal with each party selecting their own Arbitrator and the two parties selecting an umpire? Is it a good idea to facilitate the combination of actions in different tiers or restrict it? All questions that need consideration and possibly advice.

The efficiently control and management of the dispute procedures significantly reduce the cost and time involved and ensures a party’s resources are effectively and suitably targeted to achieve the desired effect.
A knowledge of and familiarity with the various protocols necessary to comply with relevant conditions of Contract and Dispute Resolution system selected can significantly effect expenditure and results. David can provide such advice and assistance assist in the preparation of claims, pleadings, negotiation and advice on settlement whilst preserving ongoing rights and obligations under the Contract.
David has experience in and can assist lawyers in managing the experts in a dispute to provide an integrated and cohesive response to claims, defences and requests for further better particulars. His background in Contracts, Management, Claims and Quantum assists in the integration of questions and tasks between the various experts and in particular that of the planners and technical input such that expenditure of time, effort and costs are directed to best advantage and do not exceed the result attainable.
David has a reputation for honesty with Clients preferring to advise that a particular claim or defence is untenable or to expensive to proceed with if that is the case rather than just chase fees and alienate the Client from placing future commissions.