The written testimony of the expert indeed backs the oral testimony, but it does more than reassure what the written testimony has already started. It can be seen as an opportunity provided by the court to bring words to life.
In case the experts manage to create a healthy impression on the tribunal, it can have a persuasive impact on them. To make an impression on the tribunal however the expert should possess some intrinsic qualities.
Regardless of the size of the claims, quantum experts need to have certain attributes that the tribunals look for. The choice of a quantum professional for your construction claims, hence, requires due diligence.
Critical Intrinsic Qualities Of Arbitrator
The following intrinsic qualities of arbitrator, an expert must have to represent both sides in arbitration proceedings.
Experts Should Be Independent And Unbiased
The first and foremost quality that the experts should possess includes the experts being independent and unbiased when serving. They should have the ability to provide to the tribunal an angle that's not only free of influence by either party, but it should also be objective.
According to a source, the experts are expected to serve as assistants to the tribunal and be independent of parties that have hired them. The expert's opinion is also expected to be unbiased, and impartial.
Although lawyers appointed may challenge an expert's independence but an experienced quantum expert has the ability to stick to a perspective that is not influenced by both parties but also works to serve the tribunal in the long run.
Experts Should Possess Credibility
Credibility is one of the most important qualities of arbitrator. The loss of credibility may be the worst thing that can happen to an expert, which is why it’s important for experts to keep their reputation as experts, intact. To attain that, it's essential to maintain a position that's not dependent on the party that hired them. It's important for experts to take up a position that according to them is correct based on the factual evidence.
In order to maintain their credibility, it’s essential for experts to provide an assessment that's objective. It should take into account all the facts and figures and details of both the parties. It is important to keep in mind that experts shouldn't expected to defend the appointing party's position on certain issues.
It’s not only tribunals that appreciate independent experts lawyers tend to appreciate expert independence too. This is mainly because they know that the position that the expert will take is based on facts and hence robust and reasonable.
A testimony based on facts tends to prevent grilling at the hands of opposing party’s lawyers during cross-examinations
Experts Should Have Credentials
Perhaps the most critical intrinsic attribute among the important qualities of arbitration expert is the presence of expertise. For example, quantum issues require accounting and finance related expertise which will require the services of qualified accountants.
In cases where determination of quantum is required, it is important to have experts in the relevant field on your team. In the absence of one, it is essential to look for individuals who do possess the knowledge and expertise.
Cross-Examinations In Arbitrations
The process is a requirement of arbitrations because it allows clarification and opinion of experts, regarding the losses that the parties have listed. Moreover, it helps in the determination of the credibility of experts and if the testimony has any truth to it and is error free. Cross examination in arbitration are of different types that an expert should know about.
It's not only experience, that's an essential attribute among critical intrinsic qualities of arbitrator. Credibility and the presence of an unbiased opinion in their testimony and loss assessment is are important qualities too.
It’s essential to opt for some of the best quantum experts to present your case. Not only do they have the required credentials, but they are well versed in keeping their perspectives unbiased and factual!
Completion of projects on time may be a complicated task in the construction industry. Due to the dynamic nature of the industry, there are always chances of delays. Claims may be made by claimants pertaining to delayed work, changes in scope, defective work and other numerous reasons.
Due to the complexity of the whole process that is registered, claims management remains an essential part of any project, construction or otherwise. However, management of claims in construction projects is not a one-step procedure as some people might think.
Management of claim can be done professionally by construction claims consultants Dubai, if you’re in the UAE or other well-known specialists that have numerous years of experience in the sector. Below we discuss the claims management lifecycle and the issues encountered in each stage.
Steps of Claims Management Lifecycle
The following text discusses Identifies each stage and then highlights the issues associated with each:
During claims identification, it can be predicted that most of the problems will arise due to the insufficient or total lack of skills and awareness of the staff. The site staff should be well aware of the contract terms and understand them before the start of the new project.
However, most staffs only refer to the terms once problems arise while they should remain vigilant about any changes in the work. Due to a lack of awareness and skills, site personnel may lose the chances of declaring claims
The main problems that arise during identification of claims include:
According To Contractors:
- Lack of knowledge of the staff at the site, to be able to detect claims
- Lack of contract knowledge
- Lack of time due to the workload
According To The Consultant:
- Absence of skilled parties to detect claims
- Inefficient communication between people at the site and the head office
This phase of the claims management lifecycle allows the notified party to review the event or change and fix it by resolving or mitigating its impact. In case the contractor or the Project manager gets to know about a claim event the other entity should be notified immediately.
The claim notification should be a detailed document. When preparing documents for supporting documents to the claim notification, a worthy documentation system and correct site records are important.
Both parties should be aware of the process of notice preparation and understand the complete process. The contractors and the consultant both suggest that the most noticeable problems during the notification phase of claims include:
- Lack of time to prepare the complete notice
- Inability to access documents needed for notice
- Unclear procedures for the preparation of notices
- Poor instructions regarding the procedure to follow through with the notice
Availability and of records is an essential aspect for the analysis and estimation of claim expenses. During the third step, it is of primary importance that the contractor’s check thoroughly the required documents to allow claims cost to be calculated by owners.
It is advisable for contractors to monitor recovery of claims and by providing relevant documents, support the process. Main problems associated with this stage include:
- Absence of records that would help calculate recovery
- The inability of teams to examine claims thoroughly due to shortage of time
- Lack of /poor communication to gather information related to the claim
- Absence of legal contract, the claim is based on
- The parties should be aware of the laws and contract
It refers to the record management of the contractor. Not only are articulate documents effective in calculating the claims accurately but also increase the chances of winning them. According to a survey, respondents agreed that the most of the issues were caused by:
- Instructions verbally given by the owner
- Unavailability of specific written instructions
- Inarticulate records management
An essential feature of the faulty management is the inability to accurately document transactions and procedures. Verbal communication and instructions should be recorded accurately.
In the absence of written instructions from the clients, contractors should initiate written instructions, providing a support in case of construction claims. Ineffective records also create problems during this stage, and it is advised for teams to manage their documents properly.
When compiling documents, the parties should keep in mind any claims that may be administered in the future, and list all information that will be required in that case. It helps to build effective documents.
During the presentation stage of claims management lifecycle, all "completed" claim documents will be submitted to the client for assessment. If the team cannot manage document management and collection, it goes on to affect the following stages.
During this stage, the most prominent issues arise according to both the contractor and the consultant include:
- Unavailability of claim supporting documents
- Lack of skills for the preparation of claim submission and lack of communication during the presentation of the claim
- Ineffective documents are kept because the staff onsite does not comprehend the reasons behind the storage of documents
Since the parties have to support their claims using formal relevant documents, improper documents make it impossible to do so.
Along with the improper documents another important aspect is the inability of the parties to find a person who can present the claim. Presenting a claim requires the expertise of professional who is knowledgeable in the area of construction claims. They should be aware of the claim process and should have the ability to defend it.
The staff, however, due to the immense workload and other reason fails to hire a specialist and the clients then reject claims.
Negotiations remain an essential approach towards reaching a decision between participants. Before disputes arise. Negotiations continue throughout the claim management process from justification to the settlement.
- Most of the issues in this stage arise due to
- The inability of parties to agree on a point in negotiations
- Inability to provide evidence of the claim, sufficient to convince other parties
- Lack of negotiation skills
During this phase of the claims management, there is a dire need for strong evidence using which the owner can be persuaded to pay. However, lack of proper document evidence affects the contractors’ position causing them to lose.
Most of the problems in this stage arise due to the lack of negotiating skills. Construction claims consultants in Dubai may be hired to proceed with the process
The problems associated with each stage of the claims management lifecycle point mainly towards the importance of sound documentation management and record keeping. There is a dire need of experienced site staff that can recognise claims during the start of project execution.
Comprehensive project information remains essential for project monitoring and reporting claims so a uniform procedure should be set up in a project which helps with collecting accurate and timely information.
Another important aspect of management of claims is the appointment of an expert for the project. Numerous construction claims consultant in Dubai or elsewhere, depending upon the location of the project may help with the management process of claims.
Construction projects are considerably expensive and high-stress jobs involving a wide variety of processes and persons. They may include owners, project managers, contractors, suppliers, and builders. All these individuals work in collaboration with each other in a system to make the project execution smooth and successful.
However, execution of construction projects requires massive equipment, material, and human resources as well as effective management to accomplish everything on time. The longer a project becomes, the more complications arise owing to delays, soaring costs, and many other reasons.
Once a dispute arises in the construction project, all contractual parties consider a suitable course of action to get through it successfully. For instance, when a delay occurs in the completion of the construction project, assistance from professionally-sound delay expert is sought to resolve the dispute. However, disputes harmful because of time requirements and reputation concerns.
Why Do Disputes Arise In Construction?
The constructions disputes are basically the disagreement arises because of conflicts between the contract parties. It may be owing to real or perceived violation of obligations under the contract. Further causes can be:
- lack a clear understanding of the contract conditions
- misconduct or breach in the contract
- delays in work completion
- failure to manage or administer the contract
- Incomplete or unsubstantiated claims from any individual
How to Reduce the Chances of Disputes
It is imperative to seek optimized aspects of managing the process of construction in order to minimize the likelihood of disputes occurrence. It should not only be done at the initial stages but should be observed as a rigorous process throughout the whole project.
Generally, the procedure of effective resolution for construction disputes starts with the contract signed by all parties. The contract should be comprehensive to meet the requirements, aspiration, and objectives of owners, contractors, suppliers, and construction managers.
Primary preventive measures to ensure smooth execution of construction projects are as given:
- Conduct an in-depth analysis of all aspects including requirements and risk factors involved in the project
- Create a detailed plan before starting the work
- Include every single detail in the contract to be on the safe side
- Before signing the contract, read it carefully again and again
- Negotiate everything which seems murky or problematic clauses
- Analyse every risk factor which may hinder project execution. Consider the aspect in which the services of a delay expert should be sought.
- Make a realistic schedule based on accurate estimation, risks analysis, and estimated predictions.
- Maintain documents for every process as per the execution, daily reports, and accomplishment reports.
Methods of Resolving Construction Disputes
The given methods are used from the step of defining contract statements to dispute resolution clauses. Let’s have a detailed overview as follows:
A clause of negotiation fundamentally includes everything that is being agreed upon by all parties in case a dispute arises. It is a process to figure out peaceful resolve through discussion and argumentation.
Generally, the project owners and contractors attempt to reach a satisfactory resolution to solve the issues before moving on to the next processes.
A mediation clause included in the contract suggests a third party can get involved to resolve the dispute between contracting parties.
Mediation does not impose any legal binding to resolve matters as decided but it is considered as an effective means of resolution in case the situations are deteriorating.
It is similar to the meditation except all the parties will have to obey the decision in any way. It means that all individuals seeking resolve from a third party should comply with the decision taken by a mediator. However, it is not a legal binding to accept the decision.
Arbitration is similar to adjudication and meditation except for the fact that it is a legal binding to all the involved parties. If the arbitrator has taken a decision, it is imperative for the contractor, owner, suppliers, and broken everyone will have to comply with the obligation of choice.
Expert determination is sought as an alternative to mediation. In this method, services of professionally knowledgeable and experience wise specialist individual to decide the objection or dispute.
For instance, if an unnecessary interruption or suspension occurs in the project causing a delay and one party comes into a disagreement with the justification. It is effective to hire services of a delay expert in order to make a justified decision based on facts and situation.
Finally, taking the dispute to court for legal assistance is the method of prosecution. It is actually the process of filing a case in the respective court of the state.
To sum up, claims cannot serve the interest of any contracting party in the construction sector. It is owing to the factor that it requires time and effort to reach a final resolution. Therefore, it is better to design construction contract in a way that can help to minimize the probability of disputes.
It will not be wrong to say that claims are one of the worst enemies of construction projects. In fact, claims cause projects hindrances which might lead to a postponement.
It is the reason that contractors are in the dire need to minimize the probability of claims as much as possible. Nevertheless, the reputation of all the stakeholders primarily depends on successful completion of the projects.
So, be proactive in adopting claims mitigation approach in order to minimize the probability of higher damages.
Easy Guide To Handle Claims In Construction Process Successfully
It is imperative to understand that claims avoidance is not an easy thing to do by following steps, but you can get ready to deal with every situation encounter you during the construction process.
So, the tips and tricks will enable you to stay ahead of the game:
Archive Phone, Written And Email Correspondence
The construction industry is highly vulnerable to disputes and claims. Why is it so? It is because everyone has its viewpoint regarding the processing of projects and related things. Sometimes, disputes arise owing to conflicts in views or other legal, site or environmental reasons.
When it comes to the construction industry in UAE, the claims are soaring owing to the complexity of project structures and involvement of individuals belonging to diverse fields. So, maintain a proper record of conversations, dealing and contract.
Further, don’t forget to hire experienced construction claims consultants Dubai from the initial start of the disagreements. They will potentially help you get through the hard times without significant damages.
Further, achieving formal communication done via phone, documents or emailing will be the proof of your clarity over the matters regarding conflicts.
Maintain Keynotes Of The Issues And Record Meeting Minutes
Although construction meetings are done informally or semi-formal ways; but it is essential to keep everything in records. Therefore, it is suggested to take keynotes in case of any issue between the contracting parties, personal statements and meeting minutes will potentially help you to deal with construction disputes successfully.
Don’t forget to note the location of the meetings or discussions, the time and date as well as the names of participating individuals for better safety. All such evidence can be used as the statements of the individuals to strengthen your position.
Mention Facts And Figure Along With Impact Assessments
It is a matter of the fact that project managers are pressurized by the clients to avoid mentioning projects risks in the reports. You must understand that such a thing can be highly dangerous in the later stages of the project.
The main reason is that facts get hidden and no one realizes that one-day minor risks will cause more significant issues. Therefore, you must maintain proper documentation by recording facts and figures. Not only this, it is essential to mention the possible impact of risks associated with the project construction.
There is no surprise to state that prevention of construction claims is similar to avoiding legal suits in the business industry. Effective prevention can only be done by proactive strategy.
Remember! The industry of construction in UAE is closely linked with other sectors which increase its complexity. Therefore, you should better get expert’s advice from the construction claims consultants Dubai in case of any dispute. Don’t forget to maintain good work relationships with all contracting parties.
The construction market has changed to an unprecedented level in the past decade, and it continues to change faster than you think. The growing impact of the fourth industrial revolution has changed the concept of almost every skill which was considered vital before. New unsettling technologies make it a task difficult to search for the best quantum analyst at the nexus of this change.
It requires a lot of extraordinary skills, coupled with a sound understanding of various disciplines to evaluate a construction claim accurately and effectively. As a claim in construction requires an individual to analyze the evidence, and prepare a concise and accurate report. Therefore a quantum expert holds the reins for numerous tribunal and jurisdictions such as construction costs, forensic planning, and construction delay.
Constructional claims require expert advice and financial resolution, whether it is on the cost management or backing through negotiation in a formal dispute. Therefore, there are certain essential qualities to look for in an expert quantum analyst to take care of your business.
Skills to hunt that make an expert quantum analyst
Quantum analysts are often referred to as financial appraisers, so you need not worry about your construction claim’s financial expenses. But that means that you hire an expert to take care of any unforeseen event to save you from any expensive mistakes. Listed below are some of the salient and climacteric qualities of an expert in the quantum field.
Multifaceted problem resolving
Finding the problem, breaking it down for more accessible analysis and then devising a plan to address it is the core of a veteran analyst. Through years of specialized education and experience, they resolve every aspect of a dispute. And more importantly, they pluck out the root cause of the issue which caused the conflict to occur in the first place.
Addressing Risks and Examining Safety
Another spotlight precept of all quantum analysts is the responsibility of public safety, and independent, impartial work from litigation, while resolving the dispute. They examine the previous trends and dig down deep into the investigations to prevent any failures or mishaps, and mitigate the impact for the times to come.
Avoiding avoidable consequences
Professional analysts know which prospects to engage in and which to steer clear of. Apparently, there are some distinct competing advantages which appear too good to the eye, but the consequences behind them are far more costly than the perks. Therefore skillful analysts make the best use of his/her training and avoid any avoidable effects.
Comparison on a valid basis
Comparisons are always a part of a dispute and construction claims are no exception. However, an expert analyst evaluates the case without leaving any aspect to make sure what ought to, and what happens on the equivalent and valid basis. Several specialists often discount this practice, but this makes the difference between a veteran and a novice.
Sound quantum analysts are a jack of all the subjects; he has a wide-ranging grip that extends to economics, law, accountancy, and numerous other issues. Therefore, before reaching upon a conclusion, a quantum expert ensures that all the disciplines justify the decision. It is done to strike a perfect balance for the solution to accommodate and consequently apply.
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