What is claims management ?
Claims management is a process initiated by one of the parties involved in a contract. It is triggered by events or services not provided for in the initial contract.
Pre-litigation is also a commonly used term.
What is the objective of claims management ?
The main aim of claims management is to provide conclusive reports and support the customer in formalizing and negotiating claims.
In the event of a dispute or disruption to your project (incomplete studies, insufficient input data, phasing changes, etc.), we give priority to contractual negotiation using various levers. Our claims experts bring their expertise to bear on the drafting of “Demandes de Règlements Complémentaires” (DRC). DRCs are customized and prepared by our consultants, based on a pre-established work program.
Our claims management service is designed to help you handle claims professionally and efficiently, to ensure effective claims management.
What can be done in an advanced stage of litigation (or Pre-litigation)
When taking cognizance of the project, it is essential to study all the market documents. But it is also necessary to go through the act of engagement, the CCAG (Cahier des Clauses Administratives Générales). Or again, the CCTP (Cahier des Clauses Techniques Particulières), the schedule of works (the planning)and the annexes to the contract. Finally, it is preferable to look at the purchase orders, the monthly reports, and the financial statements.
It is very important to take the order of precedence of the contractual documents into account. This information is generally established in the contract document or in the GCC of the contract.
Our legal expert offers you a defense strategy while giving you an objective point of view. Our multicultural and multi-sector experience allows us to easily adapt our methods to the needs of your project.
- First of all, an analysis of the contents and the pieces of the contract will be established, as well as the drafting of a first summary report.
- Then, our expert will propose a defense strategy by providing an analysis and an objective vision of the steps to follow.
How can claims be avoided ?
When a project is launched, we recommend that you draw up a CMP (Contract Management Plan) in line with the PMP (Project Management Plan), to clarify the processes involved in managing your projects’ contracts.
Avoiding claims altogether can be very difficult, but we suggest that you work with our experts upstream or during contract execution to consider the strategy to be adopted for your project. We also recommend setting up regular check-ups to monitor the progress of your files, using specific tools linked to the administration of your contract.
Thanks to our in-depth claims analysis and expertise, we can help you avoid situations conducive to claims. Contact us today to take advantage of our claims management service and obtain personalized advice to effectively prevent claims.
Depending on the nature of your contractual commitment, we accompany you in your steps and in the defense of your interests. Whether it is through alerts related to time and financial Early Warning ” or the formalization and drafting of formal notices. All of this is required in order to justify prejudices based on actual facts.
We have experience with and a good knowledge of the different types of contracts. Among them, we know the public procurement contracts, the FIDIC contracts, the NEC contracts… MESLI Consulting accompanies all the prospects and clients, including: the project owner, project manager, contractor and subcontractor.
Our multicultural and multidisciplinary experience will provide you with an external eye on the content of the claim file. We work closely with our clients’ legal departments, facilitating meetings and sharing content for review.
You have received a claim from a third party? MESLI Consulting will accompany you in the analysis and formalization of a counterclaim. The main objective is to defend your interests.
Experts in the legal aspects of claims management, our MESLI CONSULTING jurists ensure the optimal management of your litigation or pre-litigation.
We know the strategies that will win in court for litigation and we recommend you our best strategies.
MESLI CONSULTING legal experts know negotiation techniques well. After analysing any wrongdoing of the 2 parties they will know how to advise you efficiently.
With MESLI CONSULTING, you benefit from a pre-analysis of the timeframes and financials of the project so you may objectively estimate the unknown risks.