Understanding the differences between a claims consultant and a construction lawyer

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The construction industry is a very harsh and complicated industry. It looks cool only on TV but in reality, it is very dangerous. Apart from taking care of workers’ health and conditions, outcomes need to be delivered on time and work can get delayed due to a multitude of factors. When work gets delayed, clients get mad and often approach the court of law in this regard.

The COVID-19 pandemic wreaked havoc on the construction industry. Paying workers their salaries whilst no work was being done ran many into bankruptcy. Contractors often go bankrupt and end up killing themselves. Many face unjustified situations as clients can become unreasonable during the course of construction work.

Why is there a need for construction lawyers and construction claims consultants?

Construction claims consultants and construction lawyers are not the same kind of people. Both are different as they offer different kinds of services. It also depends on the needs of clients and construction companies what they need when it comes to issues arising in construction projects advisory.

When do people need a construction lawyer?

A construction lawyer comes in handy when people need legal advice on contractual rights, entitlements, and obligations. They are legal professionals who are also experts on legal matters. They are allowed to provide legal advice and they usually appear in front of judges and judicial panels in the court of law. 

Lawyers have the needed formal expertise and experience in law. They are also trained in legal proceedings and matters. Construction lawyers understand building acts and other associated laws.

What are construction claims consultants?

Construction claims consultants provide commercial assistance in readying claims. They have a background in the construction industry and also have expertise in other areas like: 

Construction claims consultants do provide an array of services. The situation of the construction company can dictate the kind of claims consultant needed. They can perform better forensic program analysis or be able to calculate specific expenses (work, materials, labor, etc.). 

These consultants help clients understand the value of the entitlement, when they can get it, and they also form the basis for such too.

What kind of help can a Construction Lawyer provide their client?

Construction lawyers help clients with advisory pertaining to their entitlements, their rights, and any other obligations under a construction contract. They can explain the principles that can be applied in finding out whether or not they have entitlement in place. If they do have one, how much will it amount to is an interesting question.

Lawyers’ skills are complementary most of the time. They usually do not have a technical background to determine a claim’s amount, assess delay periods, or provide an opinion on engineering and other technical matters. They usually help clients approach construction claims experts in this regard.

Engineering matters are complex. A building’s design (including that of its foundation) is best assessed by engineers. They can see if it complies with the needed standards, practices, and the like.

What kind of assistance is provided by a construction claims consultant?

Claims consultants may not be able to give clients advice on claims, entitlements, and recovery. But they can analyze them and work together with lawyers in determining which principles apply in determining the value of such claims, entitlements, and recovery. In fact, a legal rule is present that prohibits non-legal professionals from giving legal advice.

Claims consultants work together with lawyers to implement and provide legal principles and advice. They work together with them to analyze information and make needed clarifications and explanations. In short, they do everything in their power to keep things in line.

What do clients require?

Clients usually have varying circumstances. What they need solely depends on what they face. In case they need advice around legal principles regarding construction matters, and claims; a lawyer can help them in this matter.

If clients need someone to help them find out a claim’s value then they need a claims consultant. They might need more of them to analyze claims from multiple angles and perspectives. Issues due to construction claims aren’t of exactly the same nature and issue.

Quantity surveyors commonly work with construction claims professionals. Even a quantum expert will be working with one to help assess the claim’s nature and legitimacy. Clients may need advice, expertise, and support on both fronts. Both a lawyer and a construction claims consultant can provide the needed assistance in matters of construction claims.

Conclusion

In case the issue poses a risk of ending up like a legal dispute (arbitration, litigation), Then it is wise to work with a lawyer. Lawyers can help in these matters. 

Construction claims professionals help examine claims and see if the matter requires legal help. They analyze claims and disputes from a wider angle to ensure matters are settled in everyone’s best interests and to help aggrieved parties too.

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