Disputes and Claims

The cost effective solution to solve claims disputes is “effective project controls” and “timely forensic analysis”

Approach

We specialize in resolution of project impacts including: claims analysis, defense strategy, and dispute resolutions.Claims Funnel

Our claims analysis include:

  • Schedule Analysis
  • Damage Analysis
  • Technical Analysis

Project impacts are unavoidable events on construction projects.  Our project controls ensure the events are captured in a timely manner and impacts are minimized.

Typically, the contractor will request recovery for project impacts in the form of additional time and / or money.

Entitlement for additional time and money related to project impacts are not necessarily equal to the current status of the project.  We provide forensic analysis and evaluations of entitlements for additional time and money for capital projects.

Schedule Analysis

Our extensive experience in the field of Time Impact Analysis (TIA) will assist with claims resolution.

Using the critical path method to scheduling we are capable of determining entitlement for time extension as:

  • Compensable in time & money (extended overhead)
  • Excusable in time / non-compensable
  • Non-excusable (contractor issue)

Although, the schedule analysis provides the fundamental basis in resolution of claims, further project impacts such as inefficiency or acceleration are often issues that need to be solved in addition to the time impacts on the critical path.

Damage Analysis

Claim costs and damage issues are ultimately the most important aspect of any construction dispute.  We have experience in claims costing including issues, such as the cost of extra work; inefficiency and disruption costs; extended overhead; equipment costs; labor and material escalation; loss of use; lost profits; and increased financing costs.

Inefficiencies typically relate to unforeseen conditions and RFIs; owners decision making and directive of ways and means of the contractor, or even the parties understanding of the contract documents and site conditions.

We specialize in the use of:

  • Measured mile study
  • Earned value methodology
  • Modified total costs to quantify impacts and measure entitlements for inefficiency claims.

Technical Analysis

We are capable of analyzing the complex design and technical issues, which often arise in connection with construction disputes.  We typically work with the engineer to evaluate issues such as whether or not a specification is defective or whether a particular item is properly included in the contractor's scope of work.

Our innovative and common sense approach to claims analysis and project controls is based on a “best practices” approach using the most up-to-date and complete tools and procedures to deliver projects.

 

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