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A Dispute Over Refinery Upgrades

August 4, 2015 by · Leave a Comment 

Construction turnaround services are planned years in advance to make sure that the impact to workflow is minimal. The extensive planning is to be sure that there are no mistakes, as extended down time is costly for the owners of the plant. During all phases of planning, it’s important to allocate risk and document everything. Here are some tips to help crews navigate construction disputes.

Designate Indemnity Provisions              

One of the most effective methods to stop a dispute before it starts is to designate an indemnity provision that puts financial responsibility on certain parties to perform a job without injury. These are usually part of a contract between contractor and owner, because the owner isn’t responsible for what happens on the site. If an accident occurs, for instance, the owner shouldn’t necessarily be at fault if he or she was not directly related to the cause of the accident. An indemnity helps provide some safety against that type of litigation.

Mediation or Trial

In cases where insurance doesn’t solve the issue, it may be necessary to take a dispute to court. At this point, both parties have the ability to mediate the dispute if they are willing to do so. Private mediation will help both parties arrive at a mutually beneficial decision, and it doesn’t carry the risks of trial. With trial, the outcome of a case can shatter relationships in addition to bringing financial burden. Mediation can help mitigate some of that risk, but it’s important to approach mediation with an open mind. Typically, both parties accept some fault during mediation but the outcome is typically beneficial to everyone involves.

Bio: Lyle Charles Consulting is a firm that specializes in commercial and residential construction projects, including management and turnaround services. Lyle Charles is also licensed as an expert witness and structural steel expert.

Steps to Settling a Construction Dispute

May 8, 2015 by · Leave a Comment 

The world of construction is a fluid place where anything can happen. Even the best made plans can become problematic thanks to delays in materials, or a lack of personnel. Claims are bound to happen during this process. Injuries, disputes and delays are all fodder for construction mediation. Here are the steps you need to take to solve the dispute.

Step One: Determine Your Standing

If you have evidence to support your side of the story, move on to the next step. You will need proper paper documentation, including daily logs, in order to prove you’ve upheld your end of the bargain. That means expert record keeping. If any of those documents go missing, you have a problem with your claim and should not move forward until you’ve spoken to an attorney.

If your case heads to trial, consider hiring a construction expert witness you can use to relay those facts in language a jury can understand. The worst possible outcome for a case is failure to adequately explain your side of the dispute, and an expert can help clarify some of the more complicated concepts to the lay person sitting in the court room.

Step Two: Determine Potential Gains/Losses

In some situations, a claim may be worth pursuing because you don’t stand to gain much for the time and effort. If you will be able to reclaim significant costs, you should consider mediating your dispute. Be sure that you also perform credit checks for future jobs, so you can be sure the client is willing to pay.

Bio: Lyle Charles specializes in settling construction disputes in commercial construction. Contact Lyle Charles Consulting if you’re in need of mediation or dispute resolution, contact Lyle Charles today.

How to Mediate a Construction Dispute

January 28, 2015 by · Leave a Comment 

Summary: Mediation can save construction companies both time and money.

Private mediation is voluntary, but has an important part in construction disputes. Both parties benefit from confidentiality that comes with mediation, and the lawyers and experts who provide this service are working to help people deal with feelings and other problems. It’s most helpful when two parties want to maintain a relationship. It is also widely considered the quickest and one of the cheapest ways to settle disputes.

Construction claims management involves documenting everything involved with a dispute, and it’s an important part of any litigation related to the project. A construction consultant gathers all paperwork, organizes it and fills out any legal briefs required. This expedites the process, and ensures that you have all the paperwork you need to make your case. The consultant will go over the packet with you before hand and give you some ideas on what to expect and how to proceed.

Mediation itself only takes a few days to complete, but may be a little bit longer depending on the complexity of the situation. During mediation, try to listen to the other party and work with your impartial mediator. Be receptive to a middle ground if you want the best chance at success.

You may also find a construction expert witness handy if you cannot settle in mediation. An expert witness will help you clearly illustrate the points you are trying to make in plain language for a jury, which can make the difference in whether a case is successful or not. An expert witness is also useful in verifying evidence that has been disputed for one reason or another.

 

:: Lyle Charles Consulting offers turnaround services and project management assistant. Lyle Charles is also a certified expert witness, able to testify in trial proceedings.

Is Your Business in Legal Trouble?

April 16, 2014 by · Leave a Comment 

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It’s become easier than ever for a company to find itself in legal trouble. Perhaps your business is facing this type of issue right now. Interestingly enough, it’s not the stigma it once used to be. No one wants to be in legal trouble, of course. But with ever more regulations begin passed each year, the next more complicated than the last, it’s not hard to see why it happens.

In any case, the reason your company is facing legal troubles isn’t the important thing. What is important is what you plan on doing it now. The absolutely worst thing you can do when facing legal problems is not act. Inaction is worse than the wrong action for a number of reasons.

This is especially true when it comes to the construction industry. Don’t let things get worse due to apathy. Instead, seek dispute resolution services, also called mediation.

With the right construction consulting services, your company will have both the expertise and experience at their back. While it will cost you money to benefit from these advantages, chances are it will cost you far less to handle the matters right the first time than let things get far worse.


 

Lyle Charles Consulting is the company you need for plenty of construction advisory services that help make your build a smooth one. Whether you need interim short term management services, an expert witness or just help smoothing over a rough patch, they’re the ones to call.