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When disputes arise in the context of a construction project (which they commonly do) and the principal seeks recourse for damage and delays, a complex interplay can arise between claims between principal and contractor, and claims with insurers.
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When disputes arise in the context of a construction project
(which they commonly do) and the principal seeks recourse for
damage and delays, a complex interplay can arise between claims
between principal and contractor, and claims with insurers.
Focusing on one to the exclusion of the other can inadvertently
create a gap in recovery, leaving money 'on the table'.
Unfortunately, this is a situation that arises all too often,
particularly where the respective claims are handled by different
teams within their organisation, without coordination. Developing a
holistic recovery strategy, addressing claims against both the
contractor and insurers, allows principals to assess the relative
strengths and priority of the claims, make informed decisions when
conducting both claims, and maximise overall recovery.
Read ourarticle in the latest edition of Inside
Arbitration written by Alexander Oddy (UK) and Travis
Gooding (Australia) along with Dan Waldek (Singapore) and Nick Oury
(Dubai) which explores some of the key aspects of the interplay and
the tensions that arise when a principal has both an insurance
claim and a claim under the construction contract.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
