Legal
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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…
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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…
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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…
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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…
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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,…
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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…
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Advantages of private mediation
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…
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How to Properly Anticipate Risk in a Construction Project
When 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…
