Generally the change to the processes used are being driven by the courts in that adjudication is now the norm, and only difficult / contentious cases are now getting to the TCC. As such much more of the claimants work is done up front as the timescales are much tighter in adjudication. The defendants work is even more time constrained and tends to be quite rough and ready - which is the purpose of adjudication.
Generally the SCL protocols are beginning to be followed in as much as the highway code is - if you dont follow them then you have to justify why you havent done so.
New versions of commonly available software now give the capability of producing Cause and Effect programmes much more easily. Whether you use Windows, TIA or other procedures, the requirement of the lawyers is that you must be able to show the clear link between cause and effect, although recent case law suggests that so called Global claims may have a slightly greater chance of success than previously if it gets to court(Previously the chance of success was approximately nil!)
The reason for my flippancy previously is that in the end the success of the case still depends on three things which it has from the beginning -
1) Records
2) Records
3) More records
If you do not have the evidence of what happened and when it happened you have no chance of producing any case which will stand up in a court of law.
Generally where there are good records the case will not get to court as both sides will review the evidence before going to court and decide not to if there is a good case against them. S
SO, well run projects tend not to result in court cases. It is the poorly run projects where instructions are not recorded, contracts poorly drawn up, works inadequately managed and recorded etc., that end up in court.
Unfortunately my experience suggests that there are more of the latter than the former, and the balance is growing so the courts will continue in business for the foreseeable future.
Member for
18 years 3 months
Member for18 years3 months
Submitted by Chris Austin on Mon, 2007-09-17 12:07
The future of claims is the same as it ever was. Every day clients and their project managers are devising new and even more altered forms of contract, trying to shed risk onto their supply chains. Contractors are getting cuter and pricing a lot of the risk, and passing a lot down the chain.
Every year there will be new ways to claim, and these will be exploited.
In terms of planners, the future is bright I believe. We are being relied upon more and more to produce schedules and critical paths and these are being discussed in the courts by people who are beginning to understand their usefulness in coming to a decision
£150 per hour, here we come!
Member for
18 years 6 months
Member for18 years6 months
Submitted by Oliver Melling on Thu, 2007-09-06 10:06
The cost of a project is already predetermined by the market, regardless of what the original budget, it is all of matter of who is going to pay for it, this is where claim management comes in. The unexploited area of claim management is at the beginning of the project, where we have the opportunity to setup processes to avoid, or at least be well prepared for the claims in the future.
Member for
19 years 2 months
Member for19 years2 months
Submitted by ashraf alawady on Thu, 2007-09-06 09:50
im feeling that the more civilization the world will be , the more claims will arise and field of claims industry will be expanded and will be more organized.
Member for
18 years 6 months
Member for18 years6 months
Submitted by Oliver Melling on Thu, 2007-09-06 09:33
Member for
23 years 6 monthsRE: Claims Evolution
What do you think Chris? As you are a recruiter of claims people you must come accross and speak to lots of them? what do they tell you?
Or could it be that business is a bit slow and you are wondering if you are in the right specialist area?
Member for
18 years 7 monthsRE: Claims Evolution
Chris
To answer your question seriously (why?)
Generally the change to the processes used are being driven by the courts in that adjudication is now the norm, and only difficult / contentious cases are now getting to the TCC. As such much more of the claimants work is done up front as the timescales are much tighter in adjudication. The defendants work is even more time constrained and tends to be quite rough and ready - which is the purpose of adjudication.
Generally the SCL protocols are beginning to be followed in as much as the highway code is - if you dont follow them then you have to justify why you havent done so.
New versions of commonly available software now give the capability of producing Cause and Effect programmes much more easily. Whether you use Windows, TIA or other procedures, the requirement of the lawyers is that you must be able to show the clear link between cause and effect, although recent case law suggests that so called Global claims may have a slightly greater chance of success than previously if it gets to court(Previously the chance of success was approximately nil!)
The reason for my flippancy previously is that in the end the success of the case still depends on three things which it has from the beginning -
1) Records
2) Records
3) More records
If you do not have the evidence of what happened and when it happened you have no chance of producing any case which will stand up in a court of law.
Generally where there are good records the case will not get to court as both sides will review the evidence before going to court and decide not to if there is a good case against them. S
SO, well run projects tend not to result in court cases. It is the poorly run projects where instructions are not recorded, contracts poorly drawn up, works inadequately managed and recorded etc., that end up in court.
Unfortunately my experience suggests that there are more of the latter than the former, and the balance is growing so the courts will continue in business for the foreseeable future.
Member for
18 years 3 monthsRE: Claims Evolution
MONEY aside. How is the processes likely to change, what new techniques/software are being introduced and what impact are these likely to have?
Member for
18 years 6 monthsRE: Claims Evolution
Make it £200 and ill give it some thought!
Member for
18 years 7 monthsRE: Claims Evolution
The future of claims is the same as it ever was. Every day clients and their project managers are devising new and even more altered forms of contract, trying to shed risk onto their supply chains. Contractors are getting cuter and pricing a lot of the risk, and passing a lot down the chain.
Every year there will be new ways to claim, and these will be exploited.
In terms of planners, the future is bright I believe. We are being relied upon more and more to produce schedules and critical paths and these are being discussed in the courts by people who are beginning to understand their usefulness in coming to a decision
£150 per hour, here we come!
Member for
18 years 6 monthsRE: Claims Evolution
True Andre,
Claims can be avoided by putting more effort in at at the planning and scoping stages of projects.
The creation of robust change control processes is also paramount.
Member for
19 yearsRE: Claims Evolution
The cost of a project is already predetermined by the market, regardless of what the original budget, it is all of matter of who is going to pay for it, this is where claim management comes in. The unexploited area of claim management is at the beginning of the project, where we have the opportunity to setup processes to avoid, or at least be well prepared for the claims in the future.
Member for
19 years 2 monthsRE: Claims Evolution
im feeling that the more civilization the world will be , the more claims will arise and field of claims industry will be expanded and will be more organized.
Member for
18 years 6 monthsRE: Claims Evolution
Where there is blame, there is a claim.
The future of the claims industry is relative to the future of construction.