Claims consultants and construction lawyers are different professions. The latter and former both offer different kinds of services. What businesses need often depends on the circumstances they are facing. There are times they might need the aid of both when it comes to issues in a construction project.
Those who need advice related to contractual rights, entitlements, and obligations, should speak to a lawyer. They are legal experts who are allowed to give legal advice and appear in a court of law.
Lawyers have formal expertise, experience, and training in law. A construction lawyer has specialist expertise in legal matters specific to the construction industry.
A claims consultant is a consultant who provides commercial assistance in preparing a claim. They will often have a background in the industry and will also have expertise in other specific areas, namely: program analysis, quantum analysis Dubai and quantity surveying.
The services offered by both professionals are different.
But depending on their background, a claims consultant can be able to perform a forensic programs analysis or calculate the value of specific work, materials, or other specific expenses. They can help clients work out the value of the entitlement, under the assumption that there is an entitlement in the first place.
What does a Construction Lawyer provide?
A construction lawyer on the other hand will be able to help clients with advisory around their rights, entitlements, and obligations under the contract. This means, they will be able to explain the principles that will be applied in determining whether or not they have an entitlement and if so, how much will that amount be.
A lot of construction related lawsuits are handled at the municipal court in KC, MO. Make sure that the legal expert you are hiring has extensive experience in handling such cases on behalf of its clients. You should ask for past references and recommendations before signing on with a lawyer. Once you are certain that they will be able to handle your case, you should proceed.
Skillsets are usually complementary. Meaning that lawyers will usually not have a technical background to determine the quantum of a claim, assess periods of delay or provide an opinion on matters like engineering matters.
Speaking of engineering matters, there are things like the design of a building’s foundations below the standards set forth by competent engineering practices and vice versa. Clients will expect that the information provided to them will be done so by an expert in the relevant field.
What does a construction claims expert provide?
A claims consultant on the other hand may not be able to give their clients advice on whether or not they have an entitlement to a claim or any recovery under the contract. Also, they may not provide advice on the principles that will apply in determining its value.
As a matter of fact, there is a legal rule that prohibits anyone from giving legal advice if they are not qualified, lawyers or legal experts.
A claims consultant will expect the legal principles to be provided by a qualified lawyer/legal expert. On the basis of such information, the claims consultant will be able to perform the analysis and make any necessary clarifications to make sure everything is on track.
What do clients need?
What clients need is dependent solely on their circumstances. If they need advice revolving around legal principles involved, contractual rights and remedies, or both, then they definitely need a lawyer.
If clients need someone to help determine the value of a claim, they’ll need a claims consultant. They may potentially need more of them depending on the nature of the issues present. It is common to find quantity surveyors working together with programming and quantum experts in this matter.
If they need support and advice on both fronts then both a lawyer and construction claims consultant can help. It is quite common to see both helping clients in construction claims matters.
Where to begin?
If the issue is at risk of ending up in a legal dispute process, like arbitration or legal litigation, then experts recommend working with a lawyer. They are experts in such proceedings. Clients in this matter will be likely to have more options and hence get a better overall outcome if they are involved in the process earlier instead of later.
It should also be kept in mind that in a dispute avoidance and resolution process for a formal dispute, there are formal rules of evidence, especially particular rules that relate to evidence provided by technical experts, quantity surveyors, quantum analysis experts, and programming experts.
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