Safeguarding Your Construction Investment: The Role of Construction Claims Consultants in Fair Project Resolution: Jinoy Viswan
Today, we speak with Jinoy Viswan, a seasoned consultant with extensive experience in the UAE and Indian construction industries.
Inspiration and expertise
Q: What initially drew you to the field of construction claims consulting?
Jinoy Viswan: Throughout my career in construction, I witnessed a recurring need for expert guidance in resolving disputes. Many talented engineers, while excelling in project delivery, lacked familiarity with the intricacies of construction contracts. These complexities were often seen as the domain of legal professionals alone. I saw an opportunity to bridge this gap by leveraging my construction expertise alongside a deep understanding of contractual obligations.
The Role and the Value
Q: Can you elaborate on the role of a construction claims consultant and how your expertise benefits construction projects?
Jinoy Viswan: Construction claims consultants bring an objective perspective to the table. We help navigate disagreements and ensure project success is achieved based on merit, not egos. My expertise adds value by offering strategic guidance throughout the project lifecycle. This includes identifying potential risks early on and delivering cost-effective solutions to protect timelines and budgets.
Common Challenges and the Approach
Q: What are some of the most common types of construction claims you encounter, and what challenges typically arise when resolving them?
Jinoy Viswan: We handle a wide range of claims, including delays, variations in work, unforeseen site conditions, and disruptions. Determining the validity and potential for resolution can be complex. Our approach involves established protocols for critical path analysis, delay analysis, and forensic delay analysis techniques. This entails meticulously reviewing project documentation, including site diaries, correspondence, meeting minutes, and any other relevant records. By examining these sources, we pinpoint critical events, assess their impact on timelines and costs, and establish causation and liability. This comprehensive approach empowers us to provide accurate claim evaluations and develop effective resolution strategies.
Communication: The Key to Amicable Resolutions
Q: In such disputes, fostering open communication seems crucial. How do you facilitate productive dialogue between stakeholders?
Jinoy Viswan: Absolutely. As an impartial third party, we play a critical role in fostering open dialogue and constructive discussions. We employ various methods, including meetings, mediation sessions, and written correspondence, to ensure all parties feel heard and understood. Transparency and active listening are paramount to achieving mutually beneficial and amicable resolutions.
A Glimpse into High-Stakes Resolutions
Q: Can you share an example of a complex or high-stakes construction claim you have successfully resolved?
Jinoy Viswan: While client confidentiality agreements prevent disclosing specifics, I can share that we have navigated numerous intricate, high stakes claims. In these cases, success hinged on a multifaceted approach that combined thorough analysis, strategic negotiation, and leveraging expert testimony. Through meticulous review of project documentation, employing forensic delay analysis techniques, and collaborating closely with all stakeholders, we were able to identify key issues, pinpoint disruptions, assess liability, and develop compelling arguments to support our position. These strategies not only achieved favourable outcomes but also preserved valuable relationships.
Collaboration for Stronger Cases
Q: Construction claims often involve legal complexities. How do you collaborate with legal teams and other experts to strengthen your case?
Jinoy Viswan: There is a crucial distinction between legal expertise and construction knowledge. Lawyers excel in contractual matters but may lack a deep understanding of construction practices. My role bridges this gap by providing insights into both construction practices and contractual obligations. We work closely with legal teams to bolster the case by harnessing their specialised knowledge and expertise. This collaboration involves regular communication, sharing relevant documentation, and jointly strategizing to address both the legal and technical aspects of the claim.
Staying Updated in a Changing Landscape
Q: How do you stay abreast of changes in construction law and regulations, and how do you integrate this knowledge into your consulting practice?
Jinoy Viswan: Continuous learning is paramount. I actively engage with legal resources, professional networks, and industry publications. This includes attending seminars, workshops, and conferences focused on construction law, as well as closely monitoring updates from regulatory authorities and professional organisations.
To integrate this knowledge, I incorporate legal updates into our internal training programmes and share relevant insights with our team. By staying informed and adapting proactively, we ensure our consulting services remain current, compliant, and effective in navigating the evolving legal landscape of the construction industry.
Risk Mitigation Advice for Construction Companies
Q: What advice would you offer to construction companies to minimise the risk of encountering claims during their projects?
Jinoy Viswan: A proactive approach is key. Companies should prioritise contract awareness. This includes implementing training and awareness programmes, conducting thorough
Q: Thank you for sharing your wisdom, Jinoy. Your experience in the UAE and Indian construction industries brings a valuable perspective to the table. Considering the rapid development in these regions, your insights on staying ahead of legal and regulatory changes are particularly insightful for our readers.
Jinoy Viswan: Thank you for having me. The construction landscape in the UAE and India is indeed dynamic. By staying abreast of evolving legal and regulatory requirements, claims consultants can continue to provide the most effective guidance to our clients. I believe the future of our field lies in continuous learning, collaboration, and a commitment to finding amicable solutions that benefit all stakeholders.