As construction claims consultants our work can be undertaken on a stand-alone basis, generally on small or medium value claims, where we take the claim from initial instruction to final settlement. Often these are building claims involving, private home owners or small developments and local contractors or subcontractors. On very large or legally complex claims, we act closely with the Client’s legal teams, providing supporting technical appraisals, commentary on the suitability of contract terms and good industry practice comparisons. In either situation we are able to bring extensive construction claims experience to each dispute.
Our proven methodology
Whether we are acting in defence of a building claim or charged with the preparation of a major civil engineering claim, our approach follows the same proven methodology. The basic principle is one of gaining a full understanding of the background situation and the actual causation of the dispute, which when seen through a fresh pair of eyes may not be the same as seen by those close to the dispute. We carry out forensic examination of the relevant terms to safeguard against any unexpected surprises. We work to develop an understanding of the whole picture, to gain an appreciation of the history of the project. Often claims arise because of a series of incidents occurring over a period of time and not simply the issue that the claimant considers to be the crux of the matter.
The first essential of any construction claims management is an examination of the facts in order to develop a full understanding of the drivers that have lead to the claim. No one can accurately predict the outcome of a claim but an honest assessment of the likelihood of full or partial success, an estimate of the probable final value of a claim and the possible cost of defending or preparing it are essential.
As a broad classification it can be said that when initially examined claims are either those that arise from a contractual dispute or those that reflect a physical difference of opinion. The contractual arguments relate to interpretations of what is demanded by the wording of the contract. Whether it be a time, quality or quantum issue.
Disputes generated by physical disagreements inevitably necessitate site visits and detailed inspection of the areas of construction giving rise to the dispute or the manner in which the work was executed. There can be many factors that affect the outcome of how the work was undertaken, such as time of the year (was the weather particularly inclement?), availability of materials, unprecedented third party interference etc. Obviously the very fact that work was being carried out normally means, but not always, that there is a contract. Just as the fact that the disagreement essentially reflects different opinions of what the words are intended to reflect can still demand a visit to the area covered by the contract.
From this it is apparent that for successful claims handling, knowledge and experience of construction, what affects production, level of necessary skill, performance of plant and numerous other factors are equally as important as the understanding of the terminology of contractual descriptions.
It is why we firmly believe that our combination of extensive construction site experience is as essential as academic ability and is the reason why McMillan Associates is able to provide an unrivalled Construction Claims Consultants service.
Whatever the type of dispute our tried and tested format is applied with the same rigour irrespective of the value or basis of the claim.
- Initial client meeting
- Document Review
- Data collection
- Honest, forthright discussion on strength of supporting information (with legal team when applicable). Hollow victories benefit no one.
- In depth examination of salient points
- Specific technical support as necessary.
- Benchmarking and Best Industry Practice Comparisons
- Report drafting/document preparation of litigation
- Negotiations
- Technical Adviser at Hearings
This allows us to always submit or defend a claim robustly, from a position of strength.
Success as claims consultants
The proof of our method is further demonstrated by the successes we have achieved for our clients, generally without having to resort to the courts. These include;
- Claims against major insurance companies, including full payment of substantial disputed amounts.
- Successful settlement of final accounts on behalf of contractors.
- Claims on behalf of subcontractors in dispute with main contractors.
- Claims by private clients against under-performing contractors.
- Various personal injury claims.
- Claims on behalf of commercial clients in dispute with Local Authorities.
These are in addition to our specialist claims support roles as a team player on the very largest civil engineering and PPP/PFI claims, where our site based experience plays such an important role. Providing highly relevant insight, that other team members – such as designers, architects, lawyers and funding agencies – would not have or even be expected to have.