Kirkby & Diamond Chartered Surveyors can provide the role of consultant in the defence and preparation of claims from either client or contractor.
All major building contracts contain clauses that allow the Contractor to recover his loss and expense arising from certain prescribed situations, usually outside of his control. Recovery of this loss and expense is frequently known as a “Contractor’s claim” and is usually, but not necessarily, linked in one way or another to an Extension of Time.
The preparation and successful negotiation of a loss and expense claim requires a considerable knowledge of the contract, professional skill, tact and diplomacy. It is easy for the parties to polarise at this point and matters can quickly get out of hand with threats of adjudication, arbitration or litigation. Kirkby and Diamond believe that, in the vast majority of cases, loss and expense claims should be negotiated by the parties, or their chosen representatives, without recourse to adjudication or other means. Allowing a third party to settle a disputed claim is a risky and uncertain business and will always result in additional costs for one or both parties.
Adjudication clauses, which are now included in all building contracts, give rise to a very fast method of resolving disputes but can sometimes result in “rough justice”. It is essential to properly record all events throughout a contract and to be prepared for an Adjudication whilst always seeking a negotiated settlement to any claim.
Kirkby and Diamond Chartered Surveyors can assist Clients and Contractors in the defence and preparation of loss and expense claims and have considerable experience of negotiating contractual entitlements.