Sean Minahan, one of my partners, and I were discussing a construction dispute the other
day and we commented again and again about the significant organization required to get a construction project to completion. From the contracts, to the schedule, to the funding—everything has to be in lock step or there will be problems that could bring the project to a halt, or worse yet litigation.
The same is true of construction claims. To present a claim effectively, it has to be simple. But, to make it simple will require substantial documentation and organization of all aspects of a claim.
This point was driven home this week when I received Long International’s Construction Claims Analysis Checklist Long International. The Checklist is 11 pages long and identifies various aspects of a claim, from the simple to the complicated. A few of these items include:
- Identify the law which governs the contract.
- Prepare a chronological history of events related to each claim and problem.
- Perform an assessment of the project and construction management performance of the owner and contractor.
- Determine if the as-built start and finish dates for the scheduled activities are accurate.
- Prepare narratives with supporting documentation that describe the information utilized, the problems encountered, the analyses performed, and the results of the damages calculations.
Determine if the as-built start and finish dates for the scheduled activities are accurate.
Prepare narratives with supporting documentation that describe the information utilized, the problems encountered, the analyses performed, and the results of the damages calculations.
If you want a little light reading as you’re sitting around the fire this holiday season, I suggest Long International’s Checklist. It may not bring in the holiday spirit, but it may provide some insight to avoid a visit from the ghosts of projects past.