The multifaceted nature of construction claim makes them the most unpleasant and disruptive aspect of construction projects. With the changing dynamics of the construction industry, projects are becoming more risky and complicated.
The multiple parties involved in the projects in the Emirati construction projects aren't exactly making the claim resolution easier. As parties compete to deliver the best project, owners require completion of the ideal project in the shortest time, and in case of claims, the contractors are held liable for damages.
To prevent claim liabilities, contractors present defenses, which may free parties of the liabilities. The claim disputes can be extremely confusing and time-consuming, which is why it's essential to opt for experts to get the job done. Experts can also provide an insight into the common defense to keep in mind and to design the contracts accordingly.
Opt for Construction claim consultants Dubai to stay ahead of the contractors in the construction industry and understand their defenses.
Common contractor defenses to avoid liabilities
From faulty designs provided to them to the acceptance of the deliverable shown by the owner, there are several ways; the contractors may defend a claim presented by the owners. Read the article below to know about the contractor’s common claim defense presented and what it means for the claim:
Faulty designs
Many times, the contractors and subcontractors may defend claims by pointing out faults in the designs that were delivered to them. Moreover, the parties are not liable for damage in case the work done is according to the designs provided to them.
For owners, it's essential to be in control of the document, change orders, and any submittals to minimize any claims and disputes. Photographing and documenting routine progress are common in trying to prove the alignment of the owner's design and progress.
The contractors also often provide photographic evidence to the owner's representatives regularly to ensure the uniformity of the progress.
Unfair improvisation
In situations where the owners may suggest an improvement in the previous tasks, and in case the scope isn't included in the original design (it would have cost more initially) contractors may claim the improvements as unjust since they are being obtained as part of claim damage without upfront payments.
Evidence spoliation
It's important for owners to allow the contractors to observe and photograph any damage that the owner claims have occurred, before hiring another contractor to fix the damage. In case the owner gets the work fixed before the contractor’s monitoring, it may be considered as spoliation of evidence which is damaging to the owner.
In addition, in court, contractors can argue that the owners did not provide the contractors with the opportunity to prepare evidence. Spoiling evidence is one of the strongest defenses presented by the contractors.
Deliverable acceptance
Many times owners may be accepting of the work that’s done by contractors and isn’t 100 % perfect. And in case of owner sign-offs being provided to the contractors regularly, the strongest defense by the contractors could be that the owners were accepting of the work performed.
No costs above the costs of repair
In case a construction faces a defect; it may not just result in the damage costs. Costs due to delay, due to the loss in profits and other damages incurred due to the defects also add up to the total cost. However, contractors often are protected against these damages as their contracts include clauses that make them liable for repair costs only.
Take away
Owing to the defenses mentioned above and more, the contractors may often try to work their way out of liabilities presented by owners. However, it is important for owners to remain aware of the most common ways contractors free themselves of liabilities.
Construction claims are extremely complicated and are best dealt with in the presence of experts. Opt for the best construction claim consultants Dubai and allow experienced professional to guide you through the common defenses contractors present to rid themselves of liabilities!
