Dispute resolution has become more complex and technically taxing to construction related companies and as a result the cost of pursuing a claim has increased. Adjudication is a classic example.
The claim preparation process, therefore, needs to be carefully managed. The most effective way of managing the preparation of a claim is to establish the strengths and weaknesses at the outset. That is achieved by way of carrying out Risk Reviews, and then for Clients to make an informed decision(s) in respect to whether or not to pursue its claim.
Further Risk Reviews are carried out on a regular basis as the case and the information develops and unfolds.
Preparation of Claim
ramskill martin assist its Clients to prepare claim documentation on the basis that it is aware of all the risks, but it is intended to promote our Client receiving its full entitlement. The claim would likely take the form of a pre-action ‘position statement’ which would clearly illustrate:
- How the claim arises
- The legal basis of the claim
- A narrative providing essential background
- Evidential material
- Summary of entitlements and remedies
Benefits Resulting from the Preparation of a Claim
- The pre-action ’position statement’ can often promote a negotiated settlement.
- The pre-action ‘position statement’ preparation will always lead our Client to establish a better understanding of its own case.
- The ‘pre-action position statement’ can be prepared in skeleton form which can lead the Parties to a negotiated settlement.
- The preparation of the pre-action ‘position statement’ and the subsequent information that reflects the true status of our Client’s case, enables our Clients to make informed decisions in respect to whether or not it continues to pursue its case or not in a formal process.
Many Client organisations benefit greatly from feedback from ramskill martin in respect to particular contracts, and many of the issues that arise Clients have recognised that their business can be improved in respect to commercial and contractual matters by feeding this type of information back into the business.