In construction, however, all does not always go well. Delays occur, costs increase, scope modifications take place, and conflicts erupt. When any misery strikes, most project teams have the same question, which is, Should we contact a lawyer or a claims specialist first? It’s a good question, and the response might save your project time, money, and undue stress.
Both experts are key to resolving construction disputes, but their areas of expertise, timing, and effect are greatly dissimilar. Let us look at how a claim expert differs from a lawyer and whom to call first based on circumstances.
Who is a Claim Expert?
A claims expert is a construction professional with extensive expertise in contracts, project management, cost control, and avoiding disputes. They specialize in discovering, preparing, and defending claims due to delays, disruptions, cost overruns, and scope changes. In short, a claims expert prevents legal disputes for you, whereas a lawyer prevents them for you in case they occur.
What Does a Construction Lawyer Do?
A lawyer is a legal specialist who interprets laws, provides legal advice, drafts contracts, and represents clients in court or arbitration. If a construction dispute turns into a formal legal matter, you’ll need a lawyer on your side. But, and this is key, lawyers are not always involved in the technical or practical side of the project. That’s where the claim expert shines.
Key Distinctions Between a Claim Specialist and a Lawyer
| Area | Claim Expert | Lawyer |
| Background | Technical (engineering, contracts, projects) | Legal (laws, contracts, litigation) |
| Main Focus | Preventing and managing claims | Legal rights, obligations, and representation |
| When to Involve | Early, during, or right after project issues | Later, if claims escalate to a legal dispute |
| Role in Claims | Prepares and defends technical claims | Provides legal strategy and representation |
| Cost Efficiency | Usually Lower Costs for Early Action | Legal Costs Greatly Increased, Especially Litigation |
So, Who Do You Contact First When Something Goes Awry?
Call a Claims Expert First When:
- There’s an on-site delay or disruption.
- You must file or defend against a claim.
- You think scope creep or contract misinterpretation may have occurred.
- You need to resolve it through negotiation or ADR (Alternative Dispute Resolution).
- Your team isn’t experienced at producing well-substantiated claim documents.
A claims expert goes through your agreements, site reports, expenses, and correspondence. They are able to examine the cause, measure the effect, and resolve problems without litigation.
Call a Lawyer First When:
- You’ve received a legal notice or court summons.
- You’re facing arbitration or formal legal action.
- There’s potential for serious legal risk or contract termination.
- You’re unsure of your legal standing in a complex multi-party dispute.
A lawyer steps in when legal advice and representation are required, especially if things have already escalated.
Claim Expert + Lawyer = An Effective Combination
In most situations, a claims expert and an attorney collaborate. The claim expert puts together the technical basis—delays, expenses, documents, and events—and the attorney structures it into legal reasoning. Imagine that a claims expert constructs the case, and the attorney makes the presentation.
This alliance is particularly helpful in high-value claims, formal arguments, or arbitration. It keeps facts and legal approaches on the same page, presenting you with your highest possible likelihood of success.
In conclusion, construction disputes can cost a lot of money, stress you out, and take time. But most of them are preventable if you engage a claims expert sooner, like Proclep Consulting.
A claims expert can assist you in cases like understanding contract risks, Proper documentation to keep, tackling delays with confidence, and negotiating resolutions that safeguard your interests. So the next time, if any danger emerges on your project, ask yourself, Can this be corrected before it becomes legal? And if so, the first call should be to a claims expert. They may just rescue your project and your sanity.
