Wise Contract and Claim Management

AuthorWayne Clark
Pages25-30
25
CHAP TER 2
Wise Contract and Claim Management
Listening to and understanding each other’s positions together with
realistic expectations will invariably lead to sensible solutions.
Eective contract and claim ma nagement are important for main-
taining good relationships, for encourag ing early and amicable
settlement of claims and for avoiding disputes. My thoughts on some
important aspects of contract and claim management are summa-
rized in this chapter.
ESTABLISHING THE FACTS
Before entering into dialogue or preparing/submitting claims, the
facts must be checked to ensure the cla ims can be ful ly supported.
e records must be examined and the actual facts established. It is
inadvisable to rely on perceived facts. A ca se based on actual (proven)
facts will succeed. I will discuss t he importance of establishing the
facts in more detail in the next chapter, ‘Construction Claims: e
Investigation’.
COMMUNICATION
Clear and eective communication helps understanding. With
understanding comes awareness a nd knowledge. Poor communica-
tion, on the other hand, will lead to misunderstanding and conict.
Eective communication is essentia l for the success of any project
and for preventing disputes. Eective communication requires the
parties to talk to each other, to listen, to hear and to understand

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