Q&A: Key Roles in Construction Disputes

Construction projects can be complex, and disputes are sometimes inevitable. But did you know there are key professionals who specialise in resolving these disputes? 

Today, I’m going to break down the roles of Construction Lawyers, Forensic Quantity Surveyors, and Delay Expert Consultants and how they work together to get things back on track.

What Does a Construction Lawyer Do and When Should They Get Involved?

A construction lawyer specialises in the legal aspects of construction projects. They draft and review contracts, resolve disputes, and provide guidance on legal entitlements, such as breaches of contract or delay claims.

A lawyer should be involved at the start of the project to draft and negotiate contracts, and during disputes to assess legal entitlements, and in formal proceedings like arbitration or litigation.

Lawyers should stay away from technical analysis, such as quantum evaluations or delay analysis.

Now, I’m going to talk about what I do - forensic quantity surveyor.

What Does a Forensic Quantity Surveyor Do and When Should They Get Involved?

A Forensic QS focuses on the cost and technical side of disputes. They analyse costs, assess claims for additional payments, and review technical documents to identify scope changes or variations.

Forensic QSs should be brought in when disputes arise over costs, additional work, or payment claims. They’re also key during the discovery phase acting as a “dirty expert”, reviewing documents and preparing quantum claims.

A Forensic QS should never provide legal advice or contract interpretation - that’s the construction lawyer’s job.

Finally, let’s talk about the Delay Expert, sometime referred to as a Forensic Planner.

What Does a Delay Expert Do and When Should They Get Involved?

A Delay Expert analyses project schedules to identify delays and disruptions. They determine causation, allocate responsibility for delays, and support time-related claims.

Delay experts should be involved at all stages of the project but are essential when there are disputes about delays. They should avoid interpreting legal entitlements or providing cost-related advice - that’s for the construction lawyer or Forensic QS.

How Can They All Work Together?

Lawyers lead the legal strategy, focusing on entitlements and compliance.

Forensic QSs handle cost analysis and quantum claims.

Delay Experts assess the schedules, identify causes of delays, and quantify time impacts.

Collaboration ensures each expert focuses on their area of strength, avoiding conflicts and delivering a strong, unified case. For example:

Lawyers rely on QSs for cost evidence and Delay Experts for delay analysis and in some cases scope and technical interpretations.

Whilst QSs and Delay Experts align their findings with the legal framework provided by the lawyer.

So remember, always engage the right expert for the right task. Legal issues? Call a lawyer. Quantum disputes? Involve a QS. Schedule problems? Bring in a delay expert. Collaboration is the key to success!

At Accura Consulting, our team of experts work with clients to create a tailored solution to problems.

To find out how we can help, get in touch.

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