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  • THE PRACTICE
  • EXPERTISE
  • EXPERIENCE

This is one of the core service areas of OCCCC, an area in which the Consultancy receives many of its commissions.

In Construction Contracts and Construction Law, Claims can be simply defined as ‘demands for the payment of monies either rightfully due or past due’.  However, the situation is usually far more complex than this and the word ‘Claim’ generally speaking connotes a demand for additional payment arising under the Contract which is supported by a detailed explanatory narrative, ‘cause and effect’ analysis and quantum analysis.

Contracting Organisations such as Main Contractors, Sub-Contractors and Sub-Sub-Contractors  operate in a high risk environment and usually on a relatively small profit margin. When a project is changed or is the subject of disruption or delay which adversely impacts upon their margin, Contractors invariably seek to recover their contractual entitlements by means of Claims.

Conversely, Employers who are at the receiving end of delay to completion due to a failure on behalf of their Contractor seek to levy Liquidated & Ascertained Damages (LADS) against the Contractor as an agreed measure per week or part thereof of the damages that they have suffered.      



Whatever the circumstances, OCCCC is perfectly positioned to advise Construction Employers, Contractors, Local Authorities, Developers, Banks, Insurance Companies, etc. in relation to the merits or otherwise of its particular Claim or Counter-Claim.  This is done through an initial investigation of the circumstances giving rise to claim and an expert appraisal of the legitimacy of the Client’s position with respect to its Claim or Counter-Claim.  Some Claims are extremely complex and require a forensic analysis of the ‘cause and effect’ of all the cardinal events on a project and the impact of these events on a myriad of construction activities. In many cases, the Client does not possess the necessary expertise and experience to enable it to carry out the necessary investigations and analyses and may be unable to demonstrate ‘cause and effect’ in order to substantiate its claim. In such circumstances, OCCCC can supply the necessary resources to carry out the work usually working in conjunction with the Client and its advisors. 






Brian M. O’Connor is recognised both domestically and internationally as a leading Construction Claims Consultant by Main Contractors, Sub-Contractors, Construction Employers and Construction Lawyers alike.  Mr. O’Connor’s expertise in this area has been acquired through 28 years of practice in the Construction Industry and through his in depth knowledge of Construction Contracts,  Methods of Measurement and Construction Law  coupled with an innate ability to identify legitimate contractual claims and to articulate these Claims in a clear and comprehensive manner. This expertise has been acknowledged by numerous Clients who have furnished written endorsements of Mr. O’Connor’s expertise which is constantly being honed through his practice and through continuing professional development and by attendance at seminars and international construction law conferences.




Mr. O’Connor’s expertise in Construction Claim preparation and delivery includes:-

• Prolongation, Loss & Expense or Additional Cost Claims.
• Delay & Extension of Time Claims.
• Loss of Productivity & Acceleration Claims.
• Quantum Meruit / Fair Valuation and Global Claims.
• Consequential Damages Claims (Damage to business, etc.)
• Liquidated & Ascertained Damages Claims.
• Un-liquidated Damages Claims.
• Defence to Claims and Counter-Claims.




Brian M. O’Connor  possess a wealth of experience in Claim investigation, analysis and preparation and who has a reputation for the preparation and delivery of high quality Claim submissions with appropriate level of evidence supporting the Claim being made. This has led to numerous Claims being settled amicably without the need to invoke the Contract Dispute Resolution mechanisms.  OCCCC Claim knowledge and expertise is increasingly being sought out by large Construction Employers who wish to avail of this in defending Contractor’s Claims. 







Mr. O’Connor’s expertise in Construction Claim preparation and delivery includes:-

• Prolongation, Loss & Expense or Additional Cost Claims.
• Delay & Extension of Time Claims.
• Loss of Productivity & Acceleration Claims.
• Quantum Meruit and Global Claims.
• Consequential Damages Claims (Damage to business, etc.)
• Liquidated & Ascertained Damages Claims.
• Un-liquidated Damages Claims.
• Defence to Claims and Counter-Claims.



 




 

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