Claim avoidance is akin to preventive medicine in that the goal is to minimize the risk of potential construction related problems before they arise. Often simple revisions to contract provisions prior to its execution can avoid the common pitfalls contained in many construction contracts. Similarly, identifying the numerous notice and exculpatory provisions contained in most public improvement contracts, and ensuring that they are complied with, is more often than not the difference between a successful construction claim and one that fails for lack of timely notice.
In claim avoidance, the object is to anticipate the risks that may arise during the preconstruction phase and determine the appropriate means of resolving these risks through the contracting process. The services that we provide in both the preconstruction and construction stages of the project include:
- Drafting, reviewing and negotiating construction contracts;
- Providing advice on contract interpretation and critical notice provisions;
- Assisting clients in properly documenting claims and change orders;
- Advising clients on the proper records to maintain during a project such as daily reports, meeting minutes and updated schedules.
From our experience, identifying and addressing construction claims and disputes before they arise produces a more cost- effective and amicable result, than waiting until the end of the project when the parties’ positions have hardened and they are more geared towards litigation or arbitration.