Time to Settle Claims Prevention
Fri, 2012-05-11 05:49
Within Claims there is a balance between liability and quantum, has anyone had an experience in producing or working with a claims document that presents accountability of liability and cost, in an optmal setting to give the demonstrator of burden of proof enough information to settle the claim; before going any further into the arbitration process.
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Fri, 2012-05-11 11:58
#1
Hi Stephen
I think I understand you now.
There is of course a direct correlation between the cost of preparing the claim and the likely recovery.
This ratio is taken into account in a simple formula:
Likely Recovery / Cost Of Claim x Chance of Success %
for example:
| Likely recovery 10,000,000.00 |
| Cost of Claim 100,000.00 |
| Ratio 100.00 |
| Success Percentage 40% |
| Result 40.00 |
Any result less tha 50 would be considered a risky enterprise.
I hope that helps.
Best regards
Mike Testro
Fri, 2012-05-11 08:45
#2
If there is a requirement to prepare a claim, for an EOT or LDs, whatever the contract issue is.
In whatever contract form JCT, NEC, FIDIC, ...etc there is an increase cost involved, in that preparation.
Which is directly proportional to an reduced effect of recieving a settlement.
Now my question is there a format or ( formulea / process )that has been or can be used, to prevent a claim being processed, or escalated to being in court.
A pre-claim assessment, which calculates the liability and quantum to such an extent that the Burden of Proof, can be identified at this early stage.
I hope that clears things up
Fri, 2012-05-11 08:04
#3
Hi Stephen
I am not sure what you are going on about here.
During the claims process it is quite normal for the parties to negotiate and sometimes agree a settlement before - or even during - the arbitration procedure.
In one arbitration for delay my client asked me to prepare a simple negotiating document which I did on 3 A4 sheets.
It was demonstrable rubbish and was issued without prejudice but my client used it to negotiate a settlement and I was looking for work.
Best regards
Mike Testro
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