Without a doubt, both claims consultants and construction lawyers are two distinct professions. Both offer different kinds of services. What construction businesses need depends on the circumstances/situations they are facing. Each construction project will always have issues.

Those who need advice pertaining to rights, entitlements, and obligations (even contractual ones) need to consult with a lawyer. Lawyers are legal professionals. They have expertise in legal matters and can give legal advice. They appear with their clients in a court of law. 

Lawyers have the needed expertise, education, experience, and training in law. Construction lawyers are specialists in legal issues and matters pertaining to the construction industry. Construction claims consultants are different. They do not delve into legal affairs but rather supplement them by examining claims and seeing whether or not should legal litigation be pursued.

What does a construction claims consultant do?

Construction claims consultants consult with their clients and provide them with commercial assistance in making claims. They will usually have experience pertaining to the industry and will also have expertise in other areas like quantum analysis, program analysis plus quantity surveying. Their services are different in comparison to lawyers.

However, depending on their background, construction claim consultants play different roles. For instance, they can conduct forensic analysis, calculate the amount of cost for work done, material expense calculation, and vice versa.  In short, dispute avoidance their work is to help clients work out the value of entitlement only if it was ever present in the first place.

What kind of assistance does a construction lawyer provide?

Construction lawyers can help clients regarding advisory around their entitlements, obligations, and rights which are present under the contract. They can easily explain legal principles that can be applied to determine whether or not an entitlement is present and in what amount.

Skillsets often are complementary and lawyers most of the time do not have a technical background in determining the quantum of a claim, assessing delay periods, or alternatively providing an opinion on various matters (like engineering matters).

When it comes to discussing engineering matters, things like a building’s design, and its foundation are the most important of them all. The foundation needs to be built using robust engineering practices and competent construction standards. Clients will expect that the information they are being given is provided by experts with the proper expertise.

Understanding the kind of assistance a construction claims expert provides

On the other hand, a claims consultant isn’t able to provide clients advice about any entitlement to any claims or any recovery under a contract. They also may not be able to provide advice on principles that apply in determining its value.

In fact, legal rules state that if a professional is not qualified to give legal advice, and if they are not lawyers, then they are prohibited from providing legal advice and services.

Construction claims consultants usually work together with construction lawyers. They will expect legal principles, suggestions, and advice provided by qualified lawyers (legal experts alternatively). On such information, they will perform an accurate analysis and provide the best clarification, explanation, or advice. This helps them make sure everything is on the right track.

What kind of assistance or ruling do clients usually require?

According to professionals providing expert services, what clients require often depends on their needs, circumstances, and situations. For instance, if they require advice centered around legal principles being involved, or contractual rights and vice versa, they hence need a lawyer.

If clients require a professional to help them find out a claim’s value, a construction claims consultant can help. There can be a team such as analyzing a claim requires thorough analysis from various angles. Quantity surveyors often work together with quantum experts, legal examiners, and the like.

Construction claims cases are not easy. They are complicated and often require time for a thorough examination. They cannot be taken for granted because construction projects are complex projects that can get snagged or end up going on a low-sided trajectory.

At times, clients often become confused when their construction project faces snags. They often do not know if they should go for a construction lawyer or a construction claims expert (or both). With the industry still operating like legacy companies, a lot of effort is needed on the part of construction companies and associated businesses to improve themselves.

Conclusion

If the issue is at risk of ending in a legal dispute (arbitration or litigation), a lawyer is best suited for this purpose. They help with legal proceedings and can work up multiple options for a better solution which leads to an overall greater outcome. Construction lawyers should always get involved from the very beginning of the litigation issues.

It should also be understood that dispute avoidance and resolution for formal disputes require rules of evidence and technical experts know the rules. Technical experts when working on construction claims call in quantity surveyors, quantum analysis, and programming experts for further analysis and accurate outcomes.