Construction projects in the emirates are intrinsically complicated and extensive. They require a specialized skill set for the design, programming, construction, execution and monitoring of the whole projects and its activities.
In addition, any disputes that arise require careful consideration of performances of people with the relevant skills along with a peaceful resolution to sustain long term relations between parties.
The solutions of these complex issues require the expertise of independent and objective technical expert witnesses. The role of quantum expert is critical and they are essential factors in the resolution of any construction disputes that arise.
The following article highlights some critical errors that experts may make when it comes to presentation of reports and also the cross-examination process.
Common Mistakes Expert Witnesses Make
Courts are important entities that play an important role in the construction claims process. In addition, they also ensure to point out mistakes made by the expert witnesses when it comes to creating reports and also when cross-examining parties involved in the construction disputes. The article points out some interesting criticism made by several courts relevant to the two important aspects of claim disputes:
Courts Criticism Of Evidence Presented By Experts
Courts Criticism Of The Cross-Examination Process
The nature of some of the mentioned mistakes is overtly simple, and they can be avoided in the presence of experienced individuals who have multiple years of experience in claims resolution.
An inexperienced expert witness may not be able to avoid simplest of mistakes going on to affect the reputation of the client and their own. Opt for professional quantum experts, with decades of experience of solving claim disputes in the Emirati construction industry.
Experienced witnesses lay down a strong foundation free of faults to help out with the disputes and conflicts and to sustain life long relationships between contracting parties.
A claim that experts commonly encounter in the UAE construction industry is the delay claim. It is because construction owners know that it requires forensic analysis for determining the delay causes and impacts on a project. It is also essential for assessing the provisions of the relevant contract and applicable act.
But if a contractor and project owner fails to resolve a claim and the fact-finder has no experience of analyzing and resolving delay issues, then (chances are) it may cause further implications in the project.
The reason is sound knowledge of the construction industry, experience in resolving claims, and familiarity with the standard practices, terms and concepts are critical.
Therefore, it is essential to hire a delay specialist with sound experience and knowledge of the industry to deal with the claims strategically.
So, if you are an owner, wanting to win a delay claim, acquire the services of a delay expert in Dubai to ensure success. The expert will conduct the forensic analysis by taking the right approach for a winning claim. Read on to find out the essential steps for preparing a winning delay claim.
Essential Ways to Win a Delay Claim
Experts often run into delay claims in the construction industry. To resolve them, they need to perform forensic analysis for winning the claim. Without practical experience, conducting the analysis becomes difficult which raises risks of failure. Here are some ways to win a claim.
Analyze Your Claimant
The manner in which the claim is put forward depends significantly on the conflicting party. Contractor’s claim will be different from a stakeholder’s claim. And so, the strategy to deal with them will also differ.
For instance, negotiation methods with partners will be better documented than negotiations with masons group and labors. With your workforce, you can also use informal methods of reconciliations. It is because you will have the upper hand with them as a company.
Choose the Right Analytical Procedure
Pick the right procedure to analyze delays in a project. A strategically selected method increases the chances to prove liability, causes and effects of a delay.
Measured mile, narrative method, TIA/schedule update technique, and as-planned vs. as-build –are some of the analysis methods. Your success greatly depends on the right selection, so be careful.
Work on the Key Facts
Without concrete evidence, it becomes hard to win a delay claim. Try to develop a comprehensive understanding of the events that caused the delay. Identify the main facts and work on them. Assess these facts and dig their details. Then, use your key points to support your final opinion or verdict.
Hire a Highly Experienced Professional
Hire a highly experienced professional with substantial knowledge of the industry. A resourceful expert who can plan and execute the right procedures can promise your success. Look for a professional who is articulate, competent, and poised.
So, if you want to win your claim, opt for the services of the best delay expert to reassure success. A delay specialist is the one with practical knowledge and an in-depth understanding of the issues in the construction industry.
Construction claims are prevalent worldwide, especially in the UAE due to different reasons. Projects often get delayed in the country for a myriad of causes. And when it comes to winning a delay claim, follow the four steps given above.
The steps include knowing your audience, using the right analysis method, working on the key facts and hiring a professional to deal with your issue effectively.