There are several issues which might arise during any construction projects, and each party might think that they are right. However, as you know the truth is not skewed in most arguments, and at that time the help of specialist is required to resolve the conflict. Having third party’s opinion can provide the actual picture of what is the main issues and how can it be fixed.
Conflicts in any projects are inevitable because there is going to be at least one disagreement during the project process. The conflict can be on the time, payment and even based on the quality of the work completed. Quantum claims expert is the skilled and professional people who have sound knowledge about the industry and should be able to solve the conflicts in a neutral way.
The process they employ to evaluate a conflict is systematic and follows a specific methodology. The respective person will also have a list of things and process in their mind from their knowledge and experience in resolving the conflicts in the past.
Following are some of the points from the point of quantum analyst can use for the evaluation of the conflict.
Identify The Reason For A Claim
Someone has approached you to resolve the conflict or issue that might have raised and have put the construction project on hold. The analyst must have the identification skills, and this can be started by listening to the opinion of the two parties to understand the central idea of the issue. The scope determination is important because it will provide information about the extent and nature of the liability.
The ideal is that both parties should sit together and tell the expert their side of the story. Half of the issue will be resolved during that discussion, and it will also provide a better opinion as well.
Causal Information And Liability
Liability is dependent on the causation evidence which indicates the damage and how it is connected with what has been discussed in the contract at the start of the project.
The construction projects have several elements, and there is a problem of concurrent causation which might also impact the project negatively. The Quantum expert has the greater responsibility to find if the alleged information imposed by the party who claimed is actually a breach of contract or not. This can be as simple as not being able to complete the work within designated deadlines or providing the low quality work.
Measures Of Loss
The analyst also has to take into account while determining the causes of delay in construction projects understands the measurement of loss. There are different ways in which damage can be measured, and each method would result in a different answer in terms of financial value.
All these methods of measurement can be used to finalize the one which has a most robust calculation for the damages. During this along with disadvantages, potentially gained must also be taken into account. For instance, if the scheduled dates for a project are pushed back and the new dates are in reality beneficial as the weather at that time will lead to more efficiency. This is an example of consideration while measuring the total because at times the loss is not actual loss.
A Valid Comparison Of The Claim
While analyzing any claim, it is essential that the comparisons are done based on equality. The comparisons are usually regarding what was supposed to happen and what actually happened. Quantum expert should not overlook the concept of equivalency whether it is price consideration or time allocation.
In some cases, the return is not the same, and an alternative is devised to draw a comparison. But the alternative should at least have similar value or even more so that it will validate the comparison.
Take Away
Issues are going to arise in any construction project, but the more important thing is how the issues can be solved in a way that it is a win-win situation for both parties. Making it easy and knowledgeable in all aspects is the job of an expert who is hired for this purpose. The analyst is going to be familiar with all the type of approaches for the reasonable solution prospect.
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