Disputes Avoidance
Contract disputes are avoidable. Companies that avoid contract disputes tend to have: (1) Considered and allocated contract risks early; (2) Communicated potential problems or claims at the earliest opportunity; (3) Realistic assessments of the value and impact of a claim; (4) Appropriate attitude and commitment; (5) The requisite disputes resolution knowledge and expertise; (6) Early negotiations; (7) Stakeholders that "think outside of the box"; and (8) Managed customer expectations. What do the majority of these 8 factors focus on? First they require conflict avoidance procedures and processes to manage the risk. Secondly, they require the resources and commitment of the stakeholders to resolve contract issues. HC's experts can assist you in identifying and setting up systems & processes to manage potential disputed issues before they happen. Additionally, where a contract issue has resulted in the positions of the parties hardening, HC can work together with the project stakeholders to realize the benefits of alternative disputes resolution processes.
HC disputes avoidance services include:
- Disputes avoidance strategy & program implementation
- On-site project neutral services
- On-site project mediation services
Claims & Requests for Equitable Adjustment (REA) Proposals
Even if disputes avoidance techniques have been employed, to recover any losses your company must still perform a realistic claim assessment, develop a fact based analysis and develop a persuasive presentation of your claim. Calling in the claims experts early to produce a claim proposal forces the opposition to address your company’s agenda for any discussions and negotiations going forward. By controlling the agenda with your claim proposal, your company can set the desired outcome of negotiations where your company wants them and allows your company to take away your opposition’s strongest positions at the outset.
Your company will also need to make sure that your claim proposal is fact based, that the claim analysis is consistent with industry standards, that your entitlement to recovery is supported by the contract terms and meets the tests established by the courts. Your company will want to engage a consultant that will not only advocate your position but will also provide your company objective advice based on the merits of your claim and the opportunities for a return if you prosecute the claim.
Let the expert claims consultants at HC develop your claim proposal, request for equitable adjustment (REA) proposal and negotiation strategy to resolve project change orders, change conditions, cumulative & ripple impacts, time extensions & compensation for delay impacts, disruption & inefficiency impacts, constructive and directed acceleration, liquidated damages assessments, subcontract defaults & terminations, default & convenience terminations and insurance proof of loss claim submissions.
HC has the consultants with the experience and knowledge to maximize our client’s opportunities to recover losses that may result from a contract dispute. HC offers professional and technical expertise in:
