What Does a Construction Claims Consultant Do?

Construction claims consultants usually work to help with contractual claims, payment problems and disputes. The construction industry often features complex and long-running contracts with multiple parties and contractors, presenting uniquely specific issues.

Construction claims consultants often have a background in quantity surveying. Their experience can be wide-ranging, but as they are typically not legally qualified and are uninsured, quality also varies widely too. Some consultants are part of multi national organisations whereas many are either sole practitioners or part of much smaller enterprises.

Construction claims consultants often try to sit between the construction company, and specialist construction lawyers. This can be cost effective especially where the consultant has been involved in non contentious stages of a project. Otherwise there can sometimes be a risk of overreaching into legal matters perhaps as a consequence of trying/wanting to do the right thing or simply not knowing other legal options that might be better options.

We have seen claims consultants involved with different construction related phases and issues including: 

• at the inception of a construction project involved in the drafting of contractual documents;

• reviewing contract terms;

• assisting with document management, the serving of notices and applications; and

• advising on issues if/as/when they arise.

Construction claims consultants are typically not legally qualified solicitors and are not regulated or insured. The earlier problems are identified properly, in detail, the sooner they can be resolved. 

Where issues have been identified or encountered such as delay; a payment dispute; allegations of defective work or poor workmanship; variation disputes; or there are issues with time or design issues; we often find that as specialist construction solicitors we can be more effective the earlier we are involved. It might be that a pay less notice needs to be served, or that a final account hasn’t been completed which we can use to your advantage; or perhaps we can pursue an adjudication or threaten issuance of court proceedings. The sooner we can review and can confirm the various options and nuances, the better able we are to advise and take steps to create leverage and positively deal with the issue.