Preparation & negotiation of claims
Claims preparation
We have prepared hundreds of claims over the past 12 years, the equivalent of based on all types of construction and engineering contracts involving billions of dollars. The unique skills make-up of our personnel, involving legal, commercial and technical expertise, ensures that claims are properly researched, factually relevant, judicially provable and of course, persuasive.
We see the main purpose of claims being to create an impact on the recipient that will spur negotiations and preclude the need for litigation, which can be damaging to relationships, time consuming and costly. Claims are therefore professional and detailed without being too long-winded and overly-legalistic.
Having said this, our claims traditionally take on the format and logic that can, without much amendment, form the basis for the preparation of pleadings in Arbitration or Court. This is important to ensure consistency should negotiations break down and results in considerable savings in time and money in the subsequent procedures leading up to arbitration or litigation proceedings.
Claims negotiation
Negotiations can only be as effective as the quality of claims will allow. Equally so, the best prepared claims come to nil if not properly negotiated. Therefore, hand-in-hand with claims preparation we normally also assist our clients in the negotiation thereof, our consultants having mastered the art of negotiations in the context of construction claims.
Negotiation is a sometimes delicate process and our experience enables us to assess the particular circumstances accurately and dispassionately to obtain the maximum strategic benefit for our clients without derailing the negotiation processes. We advocate an approach to negotiating settlements that is strategic and carefully planned whilst maintaining an open mind and creative edge to ensure that the client gets a complete picture of the process. Our consultants are determined and motivated to do everything necessary to advance their client’s case whilst being commercially mature enough to know when to advise settlement.