Navigating construction claims can be a minefield — one wrong move, and your carefully built case could collapse. Having witnessed countless courtroom dramas and legal battles, HPM Consultants knows exactly which missteps often lead to claim denials or costly rulings against contractors and owners.
Learning from these real-world errors can save your project from costly legal headaches and keep your claims on solid ground. Here are the top five blunders that routinely sink construction claims — and how to avoid them.
1. Failing to Document Everything
In a recent anonymous case, a contractor lost a substantial delay claim simply because they had no clear records of change orders or communication. Courts rely heavily on documentation to verify claims.
Avoid This Blunder
Keep meticulous, dated records of all contracts, emails, change orders, and daily logs. Without a paper trail, your claim may be dismissed outright.
2. Ignoring Contractual Notice Requirements
A subcontractor missed a critical deadline to notify the general contractor about unexpected construction problems, leading to the dismissal of their claim for extra costs.
Avoid This Blunder
Read your contract carefully and strictly adhere to all notice requirements. Timely and proper notification is essential to preserve your right to claim.
3. Overstating Damages Without Clear Evidence
In a well-publicized dispute, the claimant’s demand for damages was significantly reduced because they lacked credible cost estimates and expert testimony.
Avoid This Blunder
Base your damages on detailed cost analyses supported by construction claim expert witnesses. Courts discount vague or inflated claims without solid proof.
4. Failing to Mitigate Damages
A developer lost part of their claim after the court found they didn’t take reasonable steps to reduce losses, like sourcing alternative materials or subcontractors.
Avoid This Blunder
Demonstrate proactive efforts to minimize damages. Courts expect parties to act reasonably to contain losses.
5. Relying Solely on Verbal Agreements
One contractor’s claim was denied because the court found no written evidence supporting a key verbal modification.
Avoid This Blunder
Always get contract changes and agreements in writing. Verbal agreements rarely hold up in court.
HPM Consultants — Your Trusted Construction Claims Partner
Don’t let costly courtroom blunders derail your construction project. HPM Consultants offers construction claim expert witnesses in San Diego backed by years of legal and industry experience to help you build airtight claims.
Contact us today for thorough claim assessments and tailored strategies to protect your interests and maximize recovery.
