Monday, 24 January 2022

Reddy Kancharla Explains Remedial Works in Construction

 Reddy Kancharla believes that defects are a significant source of disagreements on building projects. Often, the first reaction is to assign blame and seek swift reparation. However, it is prudent to take the time to correctly identify the origin of the fault and determine corrective activities. Reddy says to weigh the consequences of the delay and expense of remediation against the impact of the defect.

 

Reddy Kancharla believes experts must investigate the fault and appropriate corrective steps. The client may prefer to seek an alternative, negotiated solution rather than seek restitution.

 

The client may wish to recover the total cost of work needed due to the defaulting party (e.g., breach of contract or carelessness), thus raising questions of what is recoverable.

 

You might think that this would be a simple matter. But, Reddy Kancharla believes the situation is a little more complicated, as it always is in law.

 

Experience taught Reddy Kancharla that there is no sure-fire way to recoup all of the costs of remedial work. However, adopting modest actions should help with a successful recovery. So, when deciding what remedial work to perform, you should consider the following:

  1. Obtain advice from an impartial expert on the sources of the faults and the best repair remedy.
  2. If the proposed corrective works are incredibly costly or significant, you may seek a second expert opinion on which works to carry out. If both experts' judgments agree, the defaulting party will find it difficult to oppose your conclusion.
  3. Consider the experts' advice from a practical and commercial standpoint.
  4. Inform the defaulting party promptly about the remedial actions you intend to take and the reasons for them.
  5. Allow the defaulting party and its experts to investigate the faults before the corrective activities begin. Otherwise, you are removing the evidence of defects before the defaulting party has a chance to inspect them.

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