Summary: Filing a false claim won’t just affect the outcome of your case, but it can also lead to severe consequences in the future.
It seems blatantly obvious to never file a false, unreliable, or overstated claim. However, in today’s construction industry, these unexpected false claims still exist. It goes without saying that no crime goes unpunished as such a claim can give rise to a criminally false claim accusation.
Equitable adjustments are based on a variety of objective and subjective factors that are sometimes incapable of being proven through mathematical means. Equitable adjustments are essentially based on a variety of subjective variables and can vary quite drastically. You’ll likely find this variance being true when the construction claim preparation process revolves around delays or impact costs.
Looking Through the Eyes of a Contractor Vs. the Owner
A contractor’s perspective of claim-causing events needs to be reasonable and truthful at all costs. Additionally, the claim must support each judgment and piece of subjective variable that has been included within the claim.
Owners on the other hand, tend to begin the negotiation process from the opposite end of the spectrum for similar reasons. Owners tend to apply their judgment conservatively as far as truth and fair dealing will allow.
However, in most claims, each side will typically give as little as possible in terms of negotiations to reach a mutually agreeable settlement.
Tips for Contractors
Be sure to always remain truthful and honest with your claim. If you as a contractor lose your credibility, you’ll have an extremely difficult time regaining it, which will impact you for years to come. If you are filing a claim, it’s important that you provide a variety of visuals within the presentation of the claim. Any time that you are able to represent a point by visual means, there is a greater chance that the point you are proving will be comprehended.
Remain prepared at all times. You must know the exact terms of the contract and the plans in great detail. For instance, say you go with a construction claims expert like Lyle Charles, only to find that you’re a bit fuzzy on the project details. Not only will the expert have difficulty constructing validity in your case, but it’ll also come back to haunt you at the end. It’s crucial that you remain prepared and vigilant by explaining and visually demonstrating the effect of the damaging event on costs and time to construct the project.
An alternative option that one can utilize is mediation. This can be used when negotiations aren’t faring well between both parties. You can suggest mediation as an alternative, which helps reach a resolution of the claim in a much quicker fashion. The mediator will also offer his or her ideas on the strengths and weaknesses of each party’s position and work to a mutually beneficial financial agreement. Remember, the mediator is an independent third party that doesn’t favor one side over the other, but instead looks at every aspect of the claim itself.