Construction Claims
The claims process allows for the resolution of many disputes that arise during a construction project. In simple terms, the claims provisions of the construction contract allow an aggrieved party a means of requesting relief from, or compensation for, a problem that arises in the course of the project. Because the process by which claims are presented and resolved will vary by the specific contract, the parties should always be aware of the specific requirements of the claims (and other) provisions in their contracts. Failure to become familiar with the provisions of your specific contract and to follow the requirements of those provisions may result in the loss or wavier of rights under the contract.
The American Institute of Architects ("AIA") publishes form construction contracts and provisions that are widely used in a number of jurisdictions, including Alabama. While construction contracts vary, the AIA contract provisions relating to the handling of claims offer a useful example of how the claims process can work.
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