Techniques to avoid construction defect claims

Imagine getting an unexpected angry call from a client to whom you delivered a construction project a few years back? The horror can be real as this can get you in serious trouble, making you land in a courtroom.

Construction defect claims are a commonly occurring issue that often arises due to the lack of some precautionary measures from the builders. Another most frequent reason for recurring construction defects is that builders usually start earlier without managing the prerequisites appropriately.

This article will guide upon the factors that you should consider, to avoid nuisance in future.

construction defect claims

How to avoid construction defect issues?

Successful management of construction projects is undoubtedly not an easy task. It takes the blood and sweat of builders to complete construction projects. If not successfully planned or managed, these construction projects instead of bringing business can put you behind bars. That’s why it is often recommended that you take services from professional construction consultants.

Else, here are some of the ways to ensure quality and reliable construction of the project, thus overcoming the defect claims threat.

Use quality material

Contractors should confirm construction material, machinery and services that go with the design specifications, construction needs and compatibility of the product. Examine the building material on delivery, and store it properly.

Sufficient planning can greatly ensure the safety of claims. Since everything is selected beforehand thus even if a request occurs, the effected can confidently prove him innocent.

It was determined that the contractor provided and put in the incorrect grade of steel, that causes the failure.

Maintain proper documentation

During the construction projects, many types of documents are maintained. These include papers like training documents, design specifications, drawings, and inspection forms etc. It is to let you know that these documents could be crucial in case a construction defect claim occurs.

When charges of defects in construction occur, proper documentation is going to help investigators understand the flaws and reasons of the occurred claims. Not having all the required documentation will create a significant risk to the construction company and increase the value to defend against the loss.

Another common mistake is not documenting verbal changes created within the field. Photograph documentation has become famous for capturing as-built conditions and, in general, is an excellent gesture to facilitate defence against construction defect allegations.

Perform QA/QC inspection before tasks

Anything that’s decided for the project ought to be inspected! Empower all staff to bring questionable installations or work that covers up defects to the eye of their supervisor so that work is often stopped in real-time if necessary. Use simple forms to deal with all the tasks of your installation. Perform a QA/QC examination before beginning the job, throughout the process, when any changes, upon completion and once warranties expire. Exploitation, this data as a base for your QA/QC program, will assist you in developing an efficient, easy-to-use system, which can verify quality construction.

Have proper management

Management ought to support the program for it to be effective. Leadership ought to internally assign responsibilities, as well as supportive construction drawings and specifications to make sure they’re current and supply adequate coaching.

Still, need assistance?

No matter how many precautions we take, some damages remain unavoidable. But, there’s nothing to worry about it as the experts are here.

By consulting expert construction claims consultants Dubai bases agencies, you can quickly get rid of threats that occurred during the damage.

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Common Causes of Delays in Construction Projects

Types of Claims and Disputes in Construction

Common Causes of Delays in Construction Projects

 Every construction project faces ups and downs throughout the construction period. Sometimes the issues can cost the owner or contractor a great deal such as delay in the completion of the project. In such instances, it becomes essential to figure out how interruptions occurred, in which period of the project and which party is actually responsible for this. For this kind of analysis, the services of experts are acquired for accuracy and reliability.

Therefore, delay expert is usually entrusted with the responsibility of estimating damages as the result of project postponement. Not only this, the professionals are required to witness the potential reasons for postponing the project. These adjournments might or might not be a fault of a party.

Common Causes of Delays in Construction Projects

Reasons for disruptions that can delay the construction process

There is a different kind of deferments which are being caused simultaneously. Some are critical, excusable and compensable while others are not. Some of the reasons which are familiar to the majority of construction projects have been identified below. Please have a look:

1. The problem in contract documents

When the contractor and owner are working on a contract, the process is usually hurried. There are standard errors of omission and commission in contracts if they aren’t read thoroughly before getting signed by both parties. The experts of witness delay have often pointed this out as a reason for deferments in a construction project based on contractual clauses.

2. Problems occur under contractor’ control

Matters between the primary contractor and sub-contractors, insufficient workforce on-site, cash-flow issues and lack of proper management of work are some issues. These are generally considered under the control of contractors.  

3. Matters under the owner’s control

Sometimes, there are situations which cause delay, and none of the parties is at fault. For example, Strikes, out-of-the-state shutdown by manufacturers, severe weather conditions etc. the mentioned reasons are the potential causes of delays in construction projects.

4. Delay caused by sudden project changes

Sometimes owners ask for cardinal changes in the scope of the project, they limit the contractor’s access to parts of the site, or they might delay payments. Such interruptions are pretty much in control of the owner and are caused by their carelessness. These are solely the responsibility of the owner of the project.

5. Personality conflicts within the project team

Each party blames the other in cases where there are differences in the team members and workspace is conflicted instead of being cooperative. If these conflicts are not sorted on time, they linger on and slow the performance of the team, hence keep on causing deferments.

 Are you looking for avoiding delays?

It is imperative to identify a problem before it can be solved. Now that we have helped you identify the reasons for delays, it must have become easy for you to counter these issues. Whether you’re an owner or a contractor, a little prudence and carefulness will save you from a lot of hassle.

So, it is suggested to consider hiring the professional services of a delay expert to help you keep aware of the cause and effect of postponements in the projects. It will also help you to eliminate the risks of potential claims for compensation in the construction!

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4 super handy tips to avoid construction delays

Types of Claims and Disputes in Construction

Types of Claims and Disputes in Construction

The industry of construction generally comprised all types of engineering, mechanical and electrical works for constructing buildings and other infrastructure. Owing to the broad scope of the building process, the probability of dispute is significantly high due to the presence of human negligence and unforeseen circumstances.

Nevertheless, disputes in construction result in claims by the conflicting parties. There may be many reasons for which the project owner or other contractors make the claims. However, it is imperative to have detailed knowledge of different claims types in construction projects to defend the charges successfully.

Everyone associated with the construction sector clearly understands the gravity of the problem, when a claim is raised. However, the countries such as the UAE, any dispute can cause havoc on the part of contractors, builders and project owners with severe punishments and penalties. Owing to this, people usually consider acquiring the services of construction claims consultants Dubai based professionals to resolve issues through peaceful negotiations.

Remember! The industry of construction is witnessing higher claims over time, owing to different factors. However, an adequate understanding of claims types and assistance from a consultant can ensure successful completion of the projects.

Types of Claims and Disputes in Construction

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Difference between Excusable and Inexcusable Delays

How to Ensure Effective Project Management in Construction

4 super handy tips to avoid construction delays

Before moving onto the construction delays, let us first be clear on what is a construction project and how can construction claims arise.

A construction project is a temporary venture of contractor and client to finish a project within the negotiated cost and time. To ensure that, the construction process goes smoothly without any hindrance, we have come up with helpful tips so that you can easily avoid construction delays.

Why does construction claims arise?

Delays in construction projects have always been the most common amongst the construction claims. They often arise due to mismanagement of time and resources or having a lack of communication between the involved parties. Moreover, there could be other issues such as delayed payments or fluctuating material prices that could lead to a delay.

4 super handy tips to avoid construction delays

Tricks to avoid delays in construction

By taking the help of delay experts from around the world, we have come up with the five handy ways to overcome setbacks in building.

1.    Improve your management

Competent people on board can significantly reduce the risk of construction delays. A manager is the head of any team and is responsible for handling tasks to his subordinates along with clarity in deadlines.  A capable manager is supposed to assign roles and responsibilities within the group and co-ordinate the workforce in such a way to get the task done. A great construction manager can do wonders when heading a construction team, leaving zero percent chances of delays. He can ensure the timely management of modules completion within a project.

2.    Plan out well

For keeping your project on time, extensive planning is required. After successful brainstorming on project planning you should come up with a comprehensive project plan to get started. Excellent planning will help giving you a bird’s eye view of all the major and minor details involved in the project. This would help shattering specific claims issues even before arising. This would also enable managers to see the potential problems on time.

3.    Assign clear goals and responsibilities

Thirdly, another major factor seen to lead to construction delays is not having enough clarity of goals and responsibilities. These minor problems can eventually turn into significant delays because of not having clarity of goals. Hence, it should be the foremost priority of management to communicate the project’s objectives and outcomes to the workforce.

4.    Clear communication between stakeholders

If not resolved timely, even minor problems can lead to significant delays. To avoid getting into a situation like that, it is crucial to notice that issues are a part of life and they will occur. But how to deal with them is significant. Hence, if an unexpected issue occurs on the project site make sure that you have all your project managers and respective stakeholders on line. As two heads are always better than one, ensure that your problems are solved timely. In either case, you can also acquire services from one of the delay expert from construction claims consultants to get your issues resolved asap.

What to do if a delay has occurred?

Don’t worry at all if a delay in construction has occurred; as experienced delay experts are always at your service. Head towards your nearest delay expert and seek expert advice to get your issue solved in no-time.

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How to win a mediation hearing in construction?

How to win a mediation hearing in construction?

Construction projects are definitely not for those who are impatient. A single project might take years to get completed. There are more people involved in a construction project than a person can imagine be it scores of workers or contractors and subcontractors. Disputes are natural when such a huge number of people are engaged.

Litigation and arbitration can be costly for the parties involved, both in terms of money as well as time. Therefore mediation is sought to be the best way out to resolve disputes in construction.

To preserve the alliance between the constituents and individuals, delay expert employ efficient mediation and conflict resolution tactics for the continuation of construction projects that may halt because of the conflict. Moreover, they make sure that no such event takes place in the coming times for future projects.

However, mediation is not as simple as the name suggests. Let’s take glance at the most significant propositions to win a mediation hearing. 

Signature tips to win a hearing during construction dispute mediation:

The primary objective of a mediator in the construction project is to smooth the way for a peaceful adjustment or settlement between the involved parties. However, in the end, parties decide to agree.

But there is no doubt that mediation is the best possible way to get out of a conflict in the construction business. Here is how to win a mediation hearing in construction:

Considerate yet solid opening statement

An opening statement plays a decisive role in deciding the direction of the case. Unlike other lawyers who relinquish this opportunity, this is where a confident lawyer makes hay while the sun shines. This tells everything to the opposing party how prepared your side is.

For instance, if you are going to defend a dispute of delayed construction, never discuss money in the beginning. Instead, it is better to focus on the undesirable consequences and losses to make your case stronger in front of a mediator as well as the other side.

A well-prepared and credible client 

Who can tell what pain feels like better than a person who has gone through it? This step is of utmost importance to gather the soft corner of the mediator and tilt the hearing towards your side. However, exaggeration of the circumstances or twisting the facts can topple the case altogether.

The client must be prepared well to tackle counter questioning by the mediator and opposing side. This will gain credibility to the client, which is a crucial step towards winning the hearing.

Working hand in glove with the mediator

The primary caucus is the time when the mediator would discuss strong and weak points of your case. Utilize this time very wisely. Instead of focusing on your side alone, a glance of the opponent’s standing is the case gets evident as well. This enables the witness expert of delay to concoct an objective approach and come up with points to blow the rival side away.

Moreover, this time also provides one with an opportunity to contemplate on the decisions made and revisit them after discussing with the mediator. Do what needs to be done.

Need backing?

Conflicts arise to be resolved, and that is why delay experts make sure that your company gets out of them quickly as well as economically. Mediation is what they specialize in to minimize the time, cost and uncertainty in the hearing.

When you look for a delay expert, make sure that you convey all the information precisely so that they don’t skip a thing while carving out the best plan of action for your construction company.

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