A question we often receive when a potential claim arises is what should the initial response be to the claimant. Below we have bullet pointed some considerations for initial communications that are a good guide to not inflaming a difficult situation. These types of communications or meetings should definitely not be engaged before notifying an alert to LPMS as there may be specific advice related to the circumstances.
- It is held on a “without prejudice” basis
- It is used as a fact-finding mission as to your client’s expectations and options for resolving the problem
- No admission of liability is made (this may be difficult given there is an actual error with ??– what you need to avoid is the “it is all our fault and we will pay whatever it takes to make it right” position)
- No reference is made to your Insurers
- No commitments to meeting the costs of any remedial works / compensation are to be made without your Insurers approval (the response of “I will need to consult with my partners / fellow directors might be helpful for this one”).
If you need to speak to someone about a claim, or potential claim, please contact one of the following:
For Aon: Gaynor Roberts – Claims Manager, email@example.com, 04 819 4092
Surveyors: Brian Daly – firstname.lastname@example.org
Valuers: Bill Lindsay – email@example.com
Quantity Surveyors: Elwin Sharp – firstname.lastname@example.org