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C. Fault Allocation

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If a claim involves one or more parties, the claimant or respondent may need to allocate fault amongst the parties to properly apportion claimed damages. For instance, if an owner has an administrative claim regarding lack of clean-up by both the contractor and a separate contractor on site, the owner must properly allocate the damages between the parties. As discussed in detail in Chapter 13, this process involves a five-step approach: (1) defining the issue; (2) duties; (3) patent or latent in nature; (4) was there a cover-up?; and (5) responsibility.

Fundamentals of Construction Claims

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