Archived entries for Legal

How to Avoid Court When Solving Construction Claims

avoid-court-construction-delayConstruction delay claims can cause trouble for any construction outfit, regardless of size. These claims usually deal with some mismanagement of scope of work or an injury on site, and they can go to trial if both parties don’t make every possible effort to avoid that outcome.

The reason construction mediation is preferable to trial is that both parties will require significant financial resources to acquire representation in court and make their case. In mediation, it’s much easier to make this case in front of a third party without expert witnesses or attorneys running up a tab. For most companies, mediation should be the ideal outcome for any claim that goes beyond the filing period.

The key to avoiding trial is in construction claim preparation. It’s crucial that you document every aspect of the contracted work, as well as your fulfillment of that contract. This will save you’re the expense of going to trial more than any other tip on this page. Tracking the scope of work, as well as all contractual obligations, should be something you do on a regular basis to make sure the project requirements are being fulfilled.

It’s surprising how many companies fail at tracking this basic information.

If both parties still have a disagreement after a claim has been filed, mediation and trial may be your only options left. Mediation is still preferable because it’s faster than trial. Trial also brings additional costs that mediation doesn’t even deal with.


Lyle Charles Consulting has more than 30 years of experience owning and managing construction companies, construction mediation and more.

Construction Mediation: Tips to Resolve the Claim

construction-mediation-arguingIn construction delay claims, lost time equals lost revenue from the project for pretty much everyone involved in the claim. Depending on those costs, it may be tempting to consider trial in the heat of the moment. This isn’t a decision to be taken lightly, however, as trial may bind you to a decision not in your favor. A better idea is to attempt mediation first.

Construction mediation seeks to resolve a claim with a solution that tends to compensate both parties, or at least leave both parties satisfied with the outcome. It may be that someone owes you money, but continuing the work relationship would allow them to recoup some of those losses. In that case, both parties may be willing to accept the outcome.

Mediation requires an open mind, and a bit of patience. Construction advisory services will often recommend clients spend time carefully documenting their side of the case, then calmly presenting the evidence. Bear in mind, mediation allows the opposing side to air its grievances. A mediator’s job isn’t to find who is at fault, only to help the parties come to a solution they can agree to.

Mediation works for most situations, but you do have the option to back out if you find your case is simply not presented well enough. You would need to take the other party to court in that case, but mediation allows you the chance to work towards a resolution first. It’s a tactic used in civil cases, where parties have business disagreements, and it’s a great tactic to preserve the business relationship with another company.


Lyle Charles Consulting offers construction advisory services to businesses of all sizes, helping to resolve construction claims and mediate disputes for efficient resolution.

Risks When Dealing with Personnel on a Construction Site

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Personnel are one of the most valuable resources on a construction site, but they present some of the highest risks as well. Construction turnaround services struggle with meeting the challenges of a site, with personnel that can work safely and reliably. The trouble is that so much is unknown. Risk factors can be mitigated, but accidents still occur. Here are some ideas on how you can reduce risk significantly for employees on your construction site.

Scheduling

Workers want overtime because it’s good money, but there is a limit to what someone can accomplish safely. Good project managers know how to dispense overtime responsibly. Check with your state’s overtime laws to see how many consecutive hours are legally considered safe to work, and be diligent about staffing with replacements if your workers begin to show fatigue.

Safety First

It’s important to encourage proper safety around the job site, and to have management who is willing to inspect worker behavior. Set rules and be firm about infractions. Injury complaints, especially those that could have been avoided, take away from productivity which results in losses for the company. Safety should always be a top concern on the job site.

Conclusions

A well-staffed site is your best shot at fighting risks that arise on the construction site. Personnel can be an expensive resource, so budget well and plan for crunch times when you need to meet deadlines. Project management skills are a great asset, but don’t be afraid to hire a consultant to help review your work. It may be cheaper than costly litigation down the road.

 

Lyle Charles, a professional construction claims expert and consultant, offers construction claim resolution services to contractors in commercial construction. Contact Lyle Charles Consulting for more information.

Famous Steel Structures

By Lyle Charles

When it comes to steel, you may think of cold hard metal. It’s straight, connects at right angles and doesn’t come across as having a whole lot of personality. However, if that’s what you imagine, you’ve been woefully misinformed about what this beautiful metal can do. The truth is that metal structures have long stolen the show, if you know where to look.

Take the Walt Disney Concert Hall in Los Angeles, for example. The building resembles sheet music blowing in the wind or perhaps riding the rhythmic music around it.

Another example would be the famous Gateway Arch in St. Louis. Everyone is familiar with this large steel structure. It’s a symbol synonymous with the city. From the distance, it almost looks like a silver horizon thanks to its steel luster.

The oldest suspense bridge in all of the United States has steel to thank for standing this long. The Brooklyn Bridge in New York is another steel structure that has enjoyed a reputation and brought plenty of people to its city.

If you need construction & turnaround services for your steel structure, don’t hesitate to hire a firm to help.

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When you need a bit of extra help with your current build, look no further than Lyle Charles for support and insights where it matters. Through his firm, you can get everything from his skills as a construction advisory services expert  to help with turnaround services, consultations on matters that may be holding you back and much more. Don’t try facing down big challenges on your own, get help from the best

Design Buildings with Steel

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There is no shortage of materials you can choose to use when building a structure. Aside from the traditional options most people and businesses are familiar with, the last 10 or 20 years have seen a number of “green” options pop up and there is every reason to believe more are on the way.

But don’t lose sight of the old standbys. The main one you should always consider is steel. This durable metal can’t be rivaled in terms of its overall strength, affordability and even malleability. When you want a building that will stand the test of time, you want a building that’s been designed with steel.

One reason to use steel that many people don’t consider has to do with how long it’s been around for. The fact that it has such a long history being used in construction in this country doesn’t just mean you have plenty of examples of how well it works. It also means you have countless people who are very familiar with it.

Why is this important? Because every year, a number companies need to file construction delay claims. If the use of steel is involved, you’ll have a firms who can represent your interests and even provide expert witnesses.


 

Lyle Charles is the company you need for plenty of construction advisory services that help make your build a smooth one. Whether you need a construction claim analysis, an expert witness or just help smoothing over a rough patch, they’re the ones to call.

 

Steel Brick and Muscle

By Lyle Charles

Construction projects are often a large complicated mess with many factors involved, one of which is manpower. People are unlike machines in the way that they can often make mistakes and are a common source for misunderstandings; a statement may mean one thing to one person, and another to another person. These problems can be minimized with the use of construction advisory services which offer private mediation that may help reduce human resource problems as well as other more operational problems. Some of these operational problems can be in the materials the firm will be using, such as the kind of steel or the kind of technology that will be utilized.

Another service some of these advisory firms offer is that of construction turnaround services which analyzes the process in which the construction project is using and makes it more efficient through its modification or omission of some of its steps. Utilizing this service is often aimed to make operations cheaper as less manpower and less time would be required in the overall construction schedule. It also often makes your materials be more efficient as they can identify which of the processes have grater wastage and they can remedy the problem according to their own experience.

A third party firm can be potentially a great advisor since they can see the problem without being too close to it. They can offer you innovative solutions to the problems you seem to can’t get past, these assets can never be underestimated because they just might save you a lot of money in the long run.

Lyle Charles is a firm that deals with advisory services as well as structural steel consultation.