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Regardless of the attempts that may be made to orally agree matters without submitting
documentation it is highly likely that there will be inevitable situations whereby formal
claims will need to be prepared to evidence contractual entitlement
or that formal rebuttals will need to be prepared to defend submitted claims.
Each contract claim is unique to specific circumstances. Generally consideration of each
claim will consist of consideration of the contract agreement and the actual facts which
at best should be recorded or at least evidenced in some other way. This will enable a
breach and/or contract entitlement to be established and the cause and effect evidenced.
Contract Dispute Solutions has extensive and invaluable experience in preparing and
defending claims and provides its Clients with early advice as to the best possible solution
surrounding contract entitlement, additional time claims and additional cost claims.
Timely consideration and appraisal of any possible claim situation, either making or
defending a claim, assists our Clients to make appropriate and correct business
decisions which not only impact on the specific project but on the performance of the
business as a whole.
Our engagement may include:
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Advising at the outset, (i) Employer based organisations, (ii) Contractors or
(iii) Supply chain such as Subcontractors as to commercial and contract set up
so that contract entitlement may be appropriately evaluated or any of the above may at
least be best positioned in respect of the evaluation and prosecuting or defending of any
claims.
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Advising throughout the construction and delivery process as to (i) claim defence
and (ii) claim entitlement and what is required to discharge any legal burden in
respect of making or defending a claim.
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Advising at the end of the project as to the appraisal of any claim and where
appropriate draft rebuttals or claims in a most professional and persuasive manner.
The preparation, rebuttal or appraisal of any claim may form part of the dispute management process
and in all likelihood will form part of any Adjudication or Mediation.
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