Читать книгу Fundamentals of Construction Claims - William J. McConnell - Страница 10
IV. Step 4: Establish Entitlement
ОглавлениеThis is the most challenging step to a contract claim and it is often the one most ignored. Establishing entitlement requires the claimant to define what is required by contract and how the actions or circumstances differ from the contract requirements. It is not uncommon for claimants to skip or provide a cursory entitlement review and then provide a detailed damages analysis. This methodology is flawed because a claimant cannot get to delay or damages unless the claimant can establish entitlement. Regardless whether the claimant is an owner, contractor, subcontractor, designer, or vendor, entitlement must be established to prove a claim. Depending on the type of issue or dispute, the entitlement methodology will differ.