Delay is the time overrun beyond the completion date, as specified in the contract. Delay is one of the most common and challenging problems in the construction industry. There can be multiple causes behind a construction project delay – for example, insufficient management, design issues, scope increase, economic challenges, environmental factors, etc.
Construction delays can have severe impacts on the project in question. Delays lead to disputes in which there are no real winners; all parties lose in more than one way. If compromises cannot be reached, delay claims are filed and disputes and settled in the court.
Evidence Needed to Successfully Defend Construction Claim in Court
When delays occur on the project, and claims are raised, the party that prepares thorough and complete documentation will undoubtedly have an advantage. It is almost impossible to prove a claim without presenting proper evidence.
On that note, here are the top 7 most crucial documentary evidence that MUST prepare to defend a construction claim in court.
1. Daily Reports
These include daily reports, journals, logbooks, including both labor logs and equipment logs. These documents can help determine the chronology of the events, workforce, the number of equipment on site, and the progress of work.
If daily reports are kept regularly, it will help identify the circumstances around the problem and impact on the planned schedule, labor and equipment, and costs incurred. You must get the help of a construction claims consultant in Dubai that can help you acquire and manage all these daily reports for the claim.
2. Delivery Receipts
Payroll and transaction receipts make up reliable evidence regarding the total number of the workforce at the project site. In order to be more helpful, these records should show the details like which person was working on which job and days. It is essential to know how many personnel were available at the project site, as well as their experience and capabilities.
Similarly, delivery reports like transactions and invoices will also show the details about materials and equipment throughout the construction project.
3. Correspondence
A construction claim expert will first look at all the correspondence files to see how the project unfolds chronologically. This way, he will identify details regarding all the players of the delay event, total impact, and costs incurred. In case of a delay or similar issues, notices need to be in writing, i.e., through physical letters or electronic mail to preserve the right of extension in time and additional funds required.
4. Schedules
For successfully dealing with a construction claim, you need your planned schedule report as evidence. This baseline schedule report is highly essential to show the project owner and the contractor what was really planned and intended for the project schedule.
Similarly, time impact analysis can show how multiple events impacted the project. For a detailed time-impact analysis, we suggest getting the assistance of a construction claims consultant in Dubai to have a comprehensive report that can help you as evidence during the claim.
5. Requisitions
The requisition is an official document claiming the use of property or materials in construction. Requisitions and pay applications will serve as a piece of evidence to show which project work was completed at what point in time. These reports are reliable in indicating the construction projects maintained by the contractor as agreed by the owner.
6. Bid Documents, Job cost Accounting
Bid documents include estimates that show the expected costs by the contractor at the beginning of the project. Similarly, job cost accounting on the project shows the actual costs incurred during the construction at various stages of the project. These documents are essential as they are needed to make a comparison of the costs of bid documents and job cost accounting.
7. Photographs
Claim or no claim, all contractors should take regular pictures and videos of any project. It is one of the easiest ways to record conditions and chronological progress of any construction project. Similarly, it is also essential to establish when photos were taken and who took them.
Consistent photography of the project is one of the most consistent and inexpensive ways to describe project conditions. With every construction project, you must keep an album of all the pictures in chronological order that can be used as evidence later on.
Win Your Construction Claims!
Construction projects are challenging to control and manage because of their complex and dynamic nature. They are characterized by frequent changes, cost overruns, and delays. Delay claims are the most dominant source of conflict in the construction sector and are also one of the most difficult to resolve.
However, with the help of an experienced construction claims consultant and proper preparation of documentary evidence, you can successfully resolve the claims. Delay claims are tricky as your reputation is also at stake, so prepare all the documentary evidence to win your claim.
Learn More:
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