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 MakeCourts 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
Take AwayThe 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 ClaimExperts 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 ClaimantThe 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 ProcedurePick 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 FactsWithout 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 ProfessionalHire 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. ConclusionConstruction 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. The construction industry is full of risks owing to the volatility of processes. It is perhaps due to the reason that various external and internal factors influence the building process. In many times, such influencers lead to delays and disruptions that are required to be quantified. It requires numerous types of calculations to be assessed and dispute handling. However, the process of quantification is not easy because the experts face many challenges in mapping mistakes and evaluation of projects. Even, in the mega-economies where construction is the primary sector of success, the situation is the same. For instance, an estimated value of 3,200 in process construction projects in Dubai is determined to the worth of $245 billion. But, it is essential to understand that risks are also higher as compared to other countries where construction and infrastructural projects are limited. Potential Challenges Or Hurdles In Quantifying Construction DamagesThe construction projects face different types of damages including, the delays, and postponement, shortage of material and finances, as well as post-construction issues. In order to deal with this, many contractors hire experienced quantum experts to make the process of quantification easy for all stakeholders. Let’s consider a few significant challenges to help you better understand the gravity of matters! Methodologies Are Not SufficientThe first challenge that experts face while dealing with the quantification of damages is lack of universal methods. It may result in the differentiation of statistics and increased personal bias. However, professionals deal with such issues using their experience and foresightedness. The Reluctance Of Negotiation PartiesWhile dealing with the damage disputes through negotiation, it has been noticed that people show strong reluctance to hire the professionals for quantification of actual damages. Consequently, the issues can increase manifold leading to severe consequences. Lack Of Context AwarenessIt is the most crucial issue faced by the disputing parties in handling damage compensation and other such things. The hired professionals and tribunal don’t have a detailed understanding of the problem. Owing to this, many claims for damages left undecided or prolonged to a considerable time. Contractual BreachesMany contracting parties that experience construction damages breach the clauses of the contract. It aggravates the situation to the next levels of complexity making it difficult to be decided. For this reason, it is wise to acquire the services of an experienced quantum expert to deal with all petty to intricate problems by authentic damage quantification. Limited Understanding Of Legal ComplicationsLast but not least, it is essential to have an in-depth understanding of legal affairs while dealing with building projects. Lack of understanding possesses severe threats to a peaceful resolution of construction disputes. Don’t forget that laws are different in different countries, so it's better to get local professionals of delay witness and quantification. Final ThoughtConstruction process can only be successful if all involved parties join their hands for collaborative efforts. A slight act of negligence can cause higher damages. But, once it has occurred, it is better to deal with the issue wisely through the expert’s opinion and comprehensive quantification.
Delays are common in road construction projects all over the world, with no definite time for occurrence. Where some delay events occur during the initiation stage, others may occur during the execution or monitoring stage. Although delay events may not amount to much individually, several delay events may contribute greatly to delaying significant parts of the project or the project schedule altogether. Determining delays is not something novices can do. It's up to expert witnesses of delay to determine causes of delay and how much it has affected the schedule of the project or any activities. Assessment of the causes of delay and the amount, by which the schedule has been delayed, requires the expertise of Delay experts, with ample knowledge and experience in similar projects. Although all these causes of delays remain extremely critical, this article explains delay events that are relevant or a result of the contractor’s negligence or ignorance:
Contractor-related delays in road construction projects Detecting delays require the expertise of the best expert witnesses to determine the causes and resolve delay claims arising from delay events. The three main reasons for delays in construction projects are: Contractor related delays, Owner related delays and Consultant associated delays. Insufficient planning of projects In case the planned schedule does not perform as anticipated, faulty estimation of the costs and the time the project will cause severe delays. Any errors in the estimates of construction cost appear to be very difficult for such crucial projects. Also, they may be costly to reimburse. For example: e.g., missing supply date, delay in supplies reaching the site, may delay the whole project schedule. Lack of experience of contractors Lack of expertise remains a critical cause for delay in construction projects. In case a problem arises, the lack of expertise prevents the timely resolution of problems. The project activities may have to be stopped to resolve the issue. It is essential for hiring parties to ensure the contractor is experienced and knows what to do! Change in vendors It’s the contractor's job to select the best vendors for the completion of construction activities. Due to numerous reasons, subcontractors may hand over their work to other vendors, or may continuously opt for different parties for the end of the job. The change in vendors may cause considerable delay in the projects as new vendors may not know the previous relevant details needed to conduct the task ahead. Use of obsolete technology The malfunction or breakdown of machinery used for road construction may also have an important impact on the project's schedule. The project might have to be delayed due to parts getting damaged during the project. Also, it may not be easy to locate the spare parts of old machinery resulting in more significant delays in the construction projects. Rework due to errors Any work/activity that hasn’t been done right the first time may need to be redone, due to its non-conformance with the desired results. In a construction project where numerous activities are taking place at the same time, and there are multiple chances for omissions and mistakes, due to poor management may lead to a change in the final output. Rework not only results in schedule overruns but cost overruns too, which is why meticulous oversight is required for the different activities in construction projects. Conclusion Construction projects may become prey to delays due to many reasons. It's not for the normal personnel to determine the cause of the delay, however. To assess project delays in all construction projects, it's essential to employ the best delay experts with years of experience in road construction projects! The most experienced professionals contribute significantly to the determination of the delay events and the impact that may result from such events. There is a lot which happens behind those larger than life buildings and the best possible exterior. It is not only the hard work of the people, but it is also a lot of people working together and cooperating with each other. Managers have to find the ways in which they can minimize the risks for the success of the project. There are times when they have to face a hard time in doing so and end up being in construction claims. The construction claims are a complicated thing to handle but if you still have to handle any type then make sure you have chosen the ones who are skilled and experienced in doing so. If you need to hire professionals, then construction claims consultants Dubai can be your best bet. However, if you are looking for some ways you can actually efficiently manage the risk of construction claims. Essential Ways To Manage The Risk That Comes Along Construction ClaimsThere is no rocket science in managing the risk beforehand; all it takes is a solid understanding of the process and hindrance it is going to face along the way. The manager has to assess the risk keeping in mind every aspect of the construction. This will right away give the idea of how the project is going to be and what things need to be prevented. Following are some of the ways to understand the dark side and mitigate it beforehand: Get Everything In WritingWhen you are managing a construction project, then you need to make sure that you get everything in writing. This is a professional world and keeping things in writing will keep commitments and understandings aligned. Use your common sense and everything both parties have agreed on should be written and signed by both parties. Hire The Best TeamYour project is not a learning space and not something people can experiment on. Thus if you want to avoid the construction claims, then it is about time to hire the best possible team which is out there. You need to check on the skills and experience so you can delegate the responsibilities easily. At the end they are going to ease out the process and choosing the right ones is the best way to reduce the risk. Failed In PreparingYou don’t your name in the list of project managers who were not able to lead the project to success because they did not prepare for the upcoming risk. Thus when you are dealing with construction projects, then you need to make sure about the risks which are involved. Failing to prepare is one of the worst things which can happen to a project. You need to bring up your skills by understanding the very nature of the project. Final RemarksConstruction issues are inevitable, but prevention is better than cure so use this article to mitigate the risks beforehand.
However, if you still stumble upon some construction claims then hire the best professional construction claims consultants Dubai to sort out the matter conclusively. The most crucial step for every construction industry is the estimation of electrical expenses. Without proper assessment, it is complicated for the owners to spare adequate budget. Consequently, it makes it difficult for the contractors to negotiate with sub-contractors because he doesn’t have an estimated budget. Hopefully, you have understood the nature and gravity of the matter. Generally, financial appraiser or quantum expert is hired to get everything appropriately assessed for capital projects. All this is done through the process of estimation. So, in case you are going to bid for a project or already have applied, consider having technical professionals on your side to eliminate risks. |