Claims and Dispute Resolution
Construction projects will, as a result of the ever increasing degree of complexity of delivery, on occasion result in differences of opinion and the subsequent raising of claims for additional time, cost, and adjustment of obligations between the parties.
Key to the successful resolution of any claim or dispute is a robust and honest appraisal of the contractual and commercial merits. Once these are established the selection and adoption of the most appropriate strategy to produce a timely and cost effective resolution by minimising and managing the residual risks identified during the appraisal phase can be determined. The intention at all stages is to avoid, where possible, recourse to lengthy and costly third party dispute resolution processes. Following completion of these initial phases ELC then works with its clients and their project teams to develop detailed plans and programme of resourced activities to enable the claims preparation / dispute process to be effectively managed.
ELC, with our experienced claims consultants, can assist in all phases of any claim or dispute lifecycle from identification, pursuit and defence of matters arising to ensure that contractual entitlement and obligations are maintained in accordance with the conditions of contract and also, where possible, provide continual advice on mitigation and resolution to bring about timely, effective conclusions.
Key to the successful resolution of any claim or dispute is a robust and honest appraisal of the contractual and commercial merits. Once these are established the selection and adoption of the most appropriate strategy to produce a timely and cost effective resolution by minimising and managing the residual risks identified during the appraisal phase can be determined. The intention at all stages is to avoid, where possible, recourse to lengthy and costly third party dispute resolution processes. Following completion of these initial phases ELC then works with its clients and their project teams to develop detailed plans and programme of resourced activities to enable the claims preparation / dispute process to be effectively managed.
ELC, with our experienced claims consultants, can assist in all phases of any claim or dispute lifecycle from identification, pursuit and defence of matters arising to ensure that contractual entitlement and obligations are maintained in accordance with the conditions of contract and also, where possible, provide continual advice on mitigation and resolution to bring about timely, effective conclusions.
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SERVICES
- Analysis of contractual terms and conditions.
- Assessment of the potential and merits of claim issues arising
- Review of project documentation and records.
- Advise and assist with formulation, preparation and issuance of requisite notices
- Advice, guidance and assistance in producing and maintaining critical project data / record’s
- Advising and providing commercial support to effectively manage claims
- Providing advice on alternate and preferable strategies to achieve resolution
- Detailed investigations and preparation of claim documentation, programmes, presentations and other analysis of
- Negotiation and settlement of claims.
- Advice and drafting of settlement agreements
Dispute Resolution
ELC is able to provide a full range of services in conjunction with Clients existing project team in the pursuit of dispute resolution commencing at initial advice at inception through to full closure, providing independent appraisal and strategic advice upon which Clients are able to make reasoned judgement on how to proceed with confidence and surety.
METHODS OF RESOLUTION
- Negotiation
- Mediation
- Conciliation
- Adjudication
- Arbitration
- Expert Determination
- Litigation
When a Dispute arises and no pre-established mechanism for resolution is provided ELC can advise Clients in selection, risks, merits and timescales of the most appropriate process to follow and provide specific support through the process to achieve satisfactory resolution.
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