Category Archives: Legal

How Private Mediation is Beneficial to Construction Claims

Summary: Private mediation has become increasingly popular throughout the years. It’s effective and both parties may come to a mutually beneficial conclusion.

Construction projects are massive undertakings that take years to complete and thousands of workers to get the job done. In the construction industry, smart conflict resolution remains a point of emphasis because it helps maintain relationships between both the workforce and ownership.

In addition to building and keeping strong relationships, all parties are recommended to have a good working rapport with one another.

The Frequency of Disputes

Disputes are a common occurrence in the construction industry. Private mediation is one of the many confliction resolution methods utilized to minimize both time and money – as opposed to litigation. Mediation is also appealing because a neutral entity comes into play. This negates any favoritism or one-sided arguments from ruining negotiations.

How Does Mediation Solve Cases?

Mediation is a type of dispute resolution process that occurs behind closed doors with both parties involved. The neutral legal advisor, the mediator, negotiates a settlement that is mutually beneficial to both sides. The mediator also has no interest in the outcome and is trained to facilitate a settlement. For example, Lyle Charles from Lyle Charles Consulting, is a professional mediator that works towards the common goal of taking evidence from both sides and coming to an agreement where both parties can essentially shake hands.

Why Choose Mediation?

Mediation is often considered faster and costs less money than arbitration or litigation. These cases may take as little as a day. When compared to an actual court trial, this is nothing. The advantage of mediation is important because conflict resolution can pave the way for cooperation between both parties without burning bridges.

How Schedules Can Analyze Construction Delays

Summary: Optimal construction schedules can affect whether a construction project will be delayed or run into various issues.

Construction contracts normally include an array of scheduling requirements. Due to the availability of more powerful scheduling software, the scheduling process has become more complex throughout the years.

A well thought out schedule is a critical tool for coordinating project work around the worksite. Moreover, it can also be used in determining when construction project resources will be needed. Lastly, if a construction delay occurs, a well-designed schedule can be the basis for analyzing what events can impact the completion of a construction project.

The Basic Concepts of a Schedule

The nature of construction schedule may depend on the cost of the project. As the cost of the construction project begins to increase, the owner’s may demand a schedule that is based on a critical path method network.

Utilizing a bar chart can help indicate when certain construction activities will start, their duration and finish date. It can also plot a time scale for all parties to refer to if needed. Since each activity on a bar chart is depicted as a solid line on the schedule, a bar chart is fairly easy to understand and may not require additional help from outside sources. However, a bar chart does not indicate the interrelationship between each activity nor does it indicate that the commencement of a certain activity is dependent on the completion of a previous activity.

How Project Specifications Can Affect Delays

In nearly every construction contract, time is one of the key components to a successful project. Since timely completion is almost always emphasized, contracts will likely include some type of scheduling requirement and the help of an expert who specializes in construction claim analysis.

On bigger projects, the specifications may require that the schedule is more resource loaded. Meaning, the schedule must indicate a variety of factors such as resources and costs necessary to perform each type of activity. Moreover, the contractor may be required to separate each activity and assign them to specific resources such as materials, labor, and equipment.

A skilled construction expert such as Lyle Charles for example, can provide insight on how to create optimal schedules that can help a construction project flow smoothly and with minimal delays. However, it is important to remember that construction delays are fairly common and even if you hire a professional, there are no guarantees that delays will be avoided at all costs.

How to avoid lengthy construction claims

A nightmare for any business is a lengthy process that involves a dispute with a contractor over a construction claim. You could go through the process, hire a construction claims expert, and go through and check the merits of the claim. However, there is an easier way. The old-adage has it right when it says that prevention is better than cure. Here are some tips on how to avoid construction claims and the arduous process that follows:

Relationships – Build a good relationship with all of your contractors, sub-contractors, and vendors. The bottom line wins, but solid relationships can smooth out any problems before they escalate. Even if you do hire an expert like Lyle Charles and pursue a claims process, you will end up with a better outcome.

Contracts – All it takes is one simple mistake, and it can cost your company dearly. First thing, make sure your contracts are watertight. The right law firm can ensure that the right clauses are part of the final document and cover the entire scope of the project.

Insurance – Look at the possibility of covering your project with the necessary insurance coverage. Property damage insurance alone can save you a lot of time and money in the event of an issue. Also, with a good track record, you can get away with a small premium.

Communication – Most disputes are the result of some form of miscommunication. Keep an open line of communication and always raise issues directly and immediately to avoid any confusion.

 

How to Solidify a Business Agreement Properly

Article submitted by Barry K Rothman.

An enforceable business contract plays an integral role in defining your business. Follow these tips to see why.

Document the Agreement

Although a simple handshake and promise might be binding in many situations, know that if somehow you were to end up in court, there’s no way to enforce any part of it. Even if the law does not require it, always be sure to document every agreement that you make with a client. It’s generally less risky than an oral agreement because you’ll have a written consensus that spells out each party’s rights and obligations in the case of a disagreement.

“Short and Sweet”

Rather than focusing on creating a complex document, keep it short and sweet. Contrary to what most lawyers say, you don’t need a stuffed, legal-laden contract to make it enforceable. Instead, keep it simple with numbered paragraph headings that tell the reader what’s in the paragraph. Just because you’re simplifying the contract, doesn’t mean you’re skimping out on any details.

Speak to an Authoritative Figure

Just like you’d want your clients to deal with you as opposed to a junior at your business, you’ll want the exact same thing during the negotiation process. During a business agreement, politely request to be in touch with the individual in charge. This is important because he or she must have the authority to bind the business and perform its obligations under the agreement. By playing “telephone” with another company, you’ll only make things more difficult in the future if issues were to arise.

Article submitted by Barry K Rothman. For all your business and entertainment legal needs, visit Barry K. Rothman today. Take one look at the many positive Barry K. Rothman reviews online and you’ll see why he and his firm have taken the legal field over by storm.

Building a Project Team

Summary: It is important to assemble a good project team. When building the team, ensure that the team has the right mix of skills, provide them with goals, and assign roles to avoid any confusion. In addition, encourage them to ask questions.

A good quality project team is an asset and will ensure that your project is completed as per plan with little delays. Here are a few tips on how you should build a successful project team.

Selecting your team – Look at project team members that are qualified, experienced and those that possess the correct skills for your specific project. Ensuring your team includes a mixture of skills, abilities, and personalities is key to creating a balanced team. Project members should also be skilled in working as a team cohesively.

Set the tone and the rules – After your team members are selected, schedule a meeting to identify who is leading the team and what role each team member will play. Look at providing the team with a set of goals and ask them to develop and present a plan on a set date.

Clear goals – The goals you set should be clear, achievable and always quantifiable. It is also important that goals of one individual do not clash with another’s.

Early goals – Early goals will increase morale and enthusiasm in a project. Look at settling easily-attainable goals that the whole team can work at achieving. Early successes will help the team bond and help them work harder on long term goals.

Communication – Let the team know that communication is key and give your team the chance to ask questions freely.

Written by Lyle Charles. Visit the website for more on construction claims consultants who will help to ensure that your project progresses on time.

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Time Impact Analysis

Written by Lyle Charles

A Time impact analysis will help to understand the extent of the delay in the construction process. A Time impact analysis is conducted to help with the negotiation process or with delay claims. If done once a delay claim occurs, this will be part of the company’s construction claims analysis process. The analysis is done by examining current schedules and including the inputs that have a bearing on the schedule.

Request a time impact analysis from the company’s construction claims consultant or the claim management team. The analysis will add activities indicating delays or changes to a schedule representing progress. The goal of the analysis is to understand the impact caused by a single event or a series of events and how this event(s) affected the project schedule.

This analysis is a tool and can also be used to adjust contracts as the project is in progress. It is best to provide the time impact analysis after completion to the contractor, to avoid the contractor presenting a different analysis that may leave room for a claim. This technique can also be useful to understand the extensions that can be granted to contractors after an excusable risk has occurred.

However, this type of analysis should be avoided if the actual project schedules have not been updated. A time impact analysis in this instance will provide inaccurate results that do not represent real project data.

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Lyle Charles offers construction advisory services for commercial construction projects across the United States.

Advantages of private mediation

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Written by Lyle Charles

Private mediation has become a movement in many countries as they offer an alternative to the traditional courtroom battleground and litigation process. Normally mediation follows five processes and they are negotiation, conciliation, expert determination, round-table conference, and arbitration. Mediation has allowed many disputes to be more open, empowering, and cooperative. Here are some advantages of private mediation.

Reduced costs and time – Most disputes, especially those involving construction can take months or even years to be resolved in a court setting. To speed up proceeding many construction consulting firms are not recommending private mediation to reduce time and costs for both parties.

Less polarizing – Courts generally position parties against one another which can often cause a toxic and acrimonious environment. Mediation, on the other hand, places both parties on equal footing in a safe environment, where issues can be discussed and understood.

Empowerment – Mediation allows each party to voice their views, instead of letting lawyers handle the discussion. Therefore mediation leaves parties with the ability to make their own decision instead of leaving their fate in the hands of a judge.

However, mediation can cause power imbalances that may put one party in a more favorable situation than the other. This can be overcome by ensuring that the party representing the firm has some prior experience in mediation proceedings or by hiring a consulted to provide the person representing the company with sufficient knowledge.

Your construction business needs the best construction & turnaround services to avoid any unnecessary construction delay claims. Lyle Charles consulting can offer you superior services together with their proven track record and flawless reputation.

 

How to Properly Anticipate Risk in a Construction Project

construction-project-riskWhen you’re in the construction industry, risk isn’t a matter of possibility it’s one of probability. Even small-scale projects, like a renovation, can run into snags that can delay the work getting finished. When delays occur, they cost money for every stakeholder involved. It’s in your best interest to learn how to perform proper construction claim analysis, and how to anticipate potential problems before they occur.

Always Review

Review documents with outside experts to be sure that everything on your end looks safe to proceed. If you’re ordering materials, for instance, it would be a good idea to have a structural steel expert go over the work order before it’s placed. This additional layer of legal protection will help you in the case of a claim.

It’s very important to choose utilize construction claims consultants to review your documentation before work begins. If your plans don’t pan out by the time a dispute occurs, you’re at fault.

Require Additional Protection

Of course, consultants aren’t the only layer of protection. You can purchase additional insurance to cover certain aspects of the project, which should be baked into the contract. This is a fairly standard practice for stakeholders, and provides a better countermeasure to risk. Also keep in mind that a contractor’s warranty can provide a more competitive estimate to potential clients. That said, any insurance clause must contain a waiver of subrogation, which allows the insurer to step in and collect on a claim. Subrogation is essentially an agreement to transfer risk to the intended parties, and it helps disputes resolve quickly.


For more than 30 years, Lyle Charles has provided risk management solutions to commercial and residential construction projects across the United States.