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Services

Construction Claims Consultancy

Kenzie Dispute Resolution services division comprises of highly qualified and experienced claims professionals dedicated to helping you to avoid, manage and resolve any construction or engineering disputes which may arise.

Building and Construction Claims

Construction Claims are complex and require a detailed knowledge of the market sector, the contract documents and the facts. This is where Kenzie can help. Our in depth knowledge of these factors enables us to prepare a robust claim submission. This knowledge is invaluable in the defence and negotiation of a claim.

Construction Adjudication

Construction Claims are sometimes resolved by construction Adjudication. This is where Kenzie can help. Our experience and skill in analysing or preparing claims, together with our pragmatic and factually based approach will be invaluable in any fast paced construction Adjudication. Kenzies have expertise in preparing the following documents to help you successfully prosecute or defend your construction case claim:

Construction Contract Claim Negotiations

Preparing or reviewing your building claim is only part of what is required in order to achieve a successful resolution of your dispute. Negotiation is probably just as important. Having a well written construction claim or claim defense is of paramount importance, but being able to convince the other party to pay up or reduce his expectation, is we would contend, as equally important.

At Kenzie we are experienced in claim negotiations and have been involved in claim negotiations up to £100M. We can assist you to successfully negotiate an amicable settlement and thereby retain that all important commercial relationship with your contractor or client.

Construction Case Claim Strategy

Adopting the correct approach or strategy when defending or prosecuting your claim is of optimum importance. If your strategy is wrong, you will, at the very least expend considerable time, effort and expense researching and analysing matters that although relevant, may not in fact ultimately be critical to the success of your construction claim or at the worst, result in you losing your claim. At Kenzie, we call this “analysis, paralysis”.

Our experience of major disputes, valued up to £200M, has reinforced the message to us that a coherent and measured strategy, the collation of records and documents, identification of delay and cost events, ascertainment of delays and all the other analyses that are required, in order for a coherent and comprehensive building claim to be compiled, is required.

This is why at Kenzie, following an initial review of the issues and documentation we will discuss with you our preferred strategy, so that a coherent team plan can be put in place.


  • Common Types of Construction Claims

    The world around us is in a constant state of flux. Not only do our views and opinions about those around us change in response to broader historical and social trends, but our world is also undergoing constant physical changes. These can be natural, or they may be man-made.
    Construction is an industry that, quite literally, shapes our world unlike any other.
    Of course, there is plenty of room for disagreements regarding construction work and how best to approach it. It is, therefore, helpful to have access to a team of professionals who can help you to navigate through the issues that are most likely to arise.
    Let’s take a look at the most common types of claims made during the construction process, and how you can best avoid them.
    Cost Disputes
    One of the most common reasons for a client to raise an issue with a contractor is because of a dispute over the cost. Naturally, contracts will stipulate the projected costs of construction and materials. However, circumstances sometimes change in unpredictable ways and costs can end up deviating wildly from projections.
    Another potential reason for the cost to be an issue is that the client might feel that the contractor is trying to overcharge them. This is an issue best avoided by making things clear during the contractual stage.
    Design
    Claims which relate to the design of a project usually manifest relatively early on in the process. Sometimes they result because of oversight on the part of the designer; other times they occur because a designer is working in a specialised area they have little experience in.
    In either case, the solution is the same. Insist on clarity from the client in conveying their wishes, and ensure your designers are up to the task.
    Kenzie Group has years of experience in helping construction businesses and their clients in resolving issues as they arise. Both parties can save themselves a tremendous amount of money by allowing us to mediate and to help them reach a satisfactory outcome.
    Contact us today to see how we can best help you and keep you from the most common disputes.


  • How To Avoid Construction Claims

    Construction businesses, like all businesses, need to maintain their reputation. The impression that previous customers and clients have of you can have a considerable impact on your ability to find new business today.
    There are few industries where reputation is as important as construction. This is in large part due to the potentially catastrophic effects of shoddy workmanship in the construction industry, where mistakes can literally cost lives!
    Claims made against your construction business need to be dealt with promptly or avoided completely if possible! Fortunately, with the right business practices and attitudes, it is perfectly possible to operate a construction business that never warrants a complaint!
    Here are the simplest ways of avoiding any construction claims.
    Never Over-Promise
    One of the fastest ways of losing your customer’s trust is to promise more than you will ever be able to deliver. Not only does this make you look bad, but a client could use the discrepancy between what you advertise and what you deliver as the basis for a financial claim.

    Never Skimp on Quality
    No matter what industry you work in, poor quality materials and work are not going to fly. With construction, there are always cheaper options financially, but they come at a potentially significant cost to your business reputation.

    Always Consult When You are Unsure
    Sometimes it isn’t obvious exactly what the best move is for your business. Construction firms are regularly faced with multiple potential avenues of attack, of which one is a significantly better option.
    Some decisions for your business are best left in the hands of those who have first-hand experience in particular areas of the construction industry. Keeping some decisions in-house makes a lot of sense. However, sometimes these decisions are best transferred to outside agencies.
    Kenzie Group has years of experience in helping construction firms and businesses navigate the often-murky waters of construction claims. If you are ever in doubt about the direction that a particular project is headed in and are concerned about the potential for claims to be made, we can advise you on what to do next.
    Contact Kenzie Group today to see how we can help ensure your next construction project goes off without a hitch.


  • What are the Most Common Causes of Construction Disputes?

    As with any industry where a service provider offers a specialised skill to clients, there will always be cases in the construction industry whereby unhappy clients make claims against the firms that handled the work on their behalf.
    Mistakes and miscommunication between clients and businesses are inevitable; it is how they are resolved that will define a business’s reputation. Understanding some of the most common reasons that these disagreements arise in the first place is a good first step towards minimising the rate at which they occur.

    Cost Disputes
    One of the most common reasons for a client to raise an issue with a contractor is because of a dispute over the cost. Naturally, contracts will stipulate the projected costs of construction and materials. However, circumstances sometimes change in unpredictable ways and costs can rise.
    Another potential reason for the cost to be an issue is that the client might feel that the contractor is trying to overcharge them.

    Disruption
    Claims for disruption are claims for financial compensation resulting from an inefficient production line. This essentially means that the client believes the work is being completed slowly or inefficiently, resulting in greater overall costs.

    Loss of Profit or Opportunity
    This type of claim is made when the client feels that inefficiencies and inadequacies in the work have deprived them of profits, or the opportunities to have made them. When businesses feel that they haven’t just paid for the construction work itself but are also paying again in the form of profits that they are foregoing, its easy to understand their frustration.

    Poor Communication
    No matter what industry you work in, or what your chosen vocation, it is all but guaranteed that poor communication is at the root of your industry’s woes. Anyone who has worked in retail will understand how great the impact of the disconnect and communication breakdown between head office and workers on the shop floor can be.
    Good communication isn’t always easy. Even people who are generally effective communicators can struggle when they are communicating about less familiar topics.
    That’s why groups like Kenzie Group are so important. We can act as a conduit between construction groups and their clients. Our goal is to ensure that there are no issues and that those that do arise are fixed promptly.
    Contact us today to see how we can help you.


  • Construction Claim Resolution Methods

    As with any industry, the construction industry is no stranger to conflict resolution. Contract law has done a great deal to ensure that we all remain, both metaphorically and literally, on the same page, but if people have an infinite capacity for anything, it is surely our ability to find problems with one another!
    However, delays, litigation, and dispute resolution all cost a business money. In the UK, the construction industry has become known for being particularly litigious. And even when matters don’t end up in front of a court, they can often end up taking up valuable time, money, and resources.
    There are a number of different ways that the involved parties can work together in order to reach a mutually-acceptable solution. Here are some of the ways in which we at Kenzie Dispute Resolution Services can help you and those you work with to resolve problems as quickly as easily as possible.

    Negotiation
    The first stage of the process is to define what the issue is and to consider whether there is a way of redressing a perceived imbalance within the business. Negotiations are very useful in redressing issues with contracts that were negotiated poorly to begin with. Negotiations are generally handled directly between the parties involved.

    Mediation
    This is very similar to negotiation. The difference here is that the mediating is being overseen by an impartial business. The hope is that they are able to view the situation objectively and without prejudice.

    Litigation
    This is the point where none of us really wants things to get to. Litigation means that any pretence of cooperation has left the building. In order for a business to secure a victory through litigation, they need to be prepared to fight tooth & nail against the opposing force.

    How Kenzie Can Help
    Kenzie Dispute Resolution is a group of experienced individuals who are able to walk businesses through the complexities of making or defending a construction claim. With a team of experienced professionals on your side, your business stands a much better chance of achieving the optimum resolution.
    Whenever you find yourself on the receiving end of or are in the process of initiating a compensation claim relating to construction, make sure it is handled professionally. Businesses like ours can make all the difference between success and failure in disputes.

Need help resolving a dispute?
We can help

As construction dispute resolution experts, we help corporate clients and contractors get the result they need.

For free expert advice, simply fill out the form and one of our directors will call you back.

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THINKING OF SUBMITTING A PROLONGATION CLAIM?

Try our 3-step calculator to see how much your claim could be worth.

WHAT YOUR CLAIM COULD BE WORTH

Below is a break down of the delay costs and the potential liquidated damages liable due to the delay.

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YOUR PROLONGATION CLAIM COULD POTENTIALLY BE WORTH £
YOUR LIABILITY FOR LIQUIDATED DAMAGES IS £
The aim of this calculator is to give you an indication of how much your prolongation claim could be worth. The figures are a guide and not guaranteed. Your claim value will depend on a number of other factors. The calculator should not be regarded as nor replace professional advice. If you believe that you have an entitlement to a prolongation claim, then please contact us for specific advice on how best to pursue your entitlement.
Kenzie Claims Assistant