Claims Policy

Claims Policy

Effective Date: [Insert Date]

SMB Construction Group is committed to maintaining transparency and fairness in all its operations. This Claims Policy outlines the procedures and guidelines for reporting and resolving claims related to our construction projects. By establishing this policy, we aim to ensure timely and equitable handling of any issues that may arise during the course of our work.

1. Types of Claims

This policy applies to the following types of claims:

  • Construction Defects: Issues arising from alleged deficiencies in the design, workmanship, or materials used in a construction project.
  • Delays and Disruptions: Claims related to project delays, disruptions, or extensions of time.
  • Payment Disputes: Disagreements over payments, including claims for additional compensation or disputes over invoiced amounts.
  • Personal Injury: Injuries sustained by workers, clients, or third parties on the construction site.

2. Reporting a Claim

To report a claim:

  • Notification: Provide written notice to SMB Construction Group as soon as the issue is identified. Prompt notification facilitates timely investigation and resolution.
  • Documentation: Include all relevant details such as the nature of the claim, date and location of the incident, and any supporting evidence like photographs, reports, or correspondence.
  • Contact Information: Direct claims to [Insert Contact Person] at [Insert Email Address] or [Insert Phone Number].

3. Claims Handling Procedure

Upon receiving a claim:

  • Acknowledgment: SMB Construction Group will acknowledge receipt of the claim within [Insert Timeframe], providing a reference number for tracking purposes.
  • Investigation: A thorough investigation will be conducted, which may involve site visits, interviews, and review of project documentation.
  • Assessment: The claim will be assessed based on the investigation findings, relevant contract terms, and applicable laws.
  • Resolution: SMB Construction Group will communicate the outcome to the claimant, detailing any agreed-upon actions, compensation, or dispute resolution steps.

4. Timeframes

  • Submission: Claims should be submitted within [Insert Timeframe] of the event or issue arising. Delays in reporting may affect the ability to investigate and resolve the claim effectively.
  • Resolution: SMB Construction Group aims to resolve claims within [Insert Timeframe] of receipt. However, complex cases may require additional time, in which case the claimant will be informed of the anticipated timeline.

5. Dispute Resolution

If a claim cannot be resolved through initial discussions:

  • Mediation: The parties may agree to engage in mediation to facilitate a mutually acceptable resolution.
  • Arbitration or Litigation: As a last resort, the matter may proceed to arbitration or litigation, in accordance with the dispute resolution clauses of the contract and applicable laws.

6. Insurance Considerations

SMB Construction Group maintains appropriate insurance coverage, including:

  • General Liability Insurance: Protects against third-party claims for bodily injury or property damage arising from our operations.
  • Builder’s Risk Insurance: Covers loss or damage to a construction project during its construction or renovation (Apollo Cover).
  • Professional Liability Insurance: Provides coverage for errors, omissions, or negligence in professional services (Procore).

These policies are designed to mitigate risks and provide protection in the event of a claim.

7. Record Keeping

SMB Construction Group maintains detailed records of all claims, including:

  • Claim Details: Nature of the claim, date received, and parties involved.
  • Investigation Findings: Reports, photographs, and documentation gathered during the investigation.
  • Resolution Outcome: Details of settlements, repairs, or other actions taken to resolve the claim.

These records are reviewed periodically to identify trends and improve future project management and safety practices.

Note: This Claims Policy is a general guideline. Specific projects may have unique requirements or contractual obligations that supersede this policy. It is essential to review and understand the terms of each contract.