Construction Claims Methodology

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Our Claim Resolution Methodology incorporates a systematic process involving problem identification, document analysis and development of computerized document databases, contract analysis, entitlement analysis, establishment of cause-effect relationships often requiring CPM schedule analyses, and damages analysis and calculations.

We Identify the Problems which cause cost, quality, and schedule problems on the project. Because of the extensive amount of documentation generated by construction projects and the disputes that arise there from, we often develop Computerized Document Databases utilizing scanning, optical character recognition (OCR), and search and retrieval software. Utilization of this technology provides a cost effective solution to evaluating the delays, disruption, design changes, and actions and/or inactions of the parties that are central to the disputes being evaluated.

Working together with legal counsel, we establish whether there is expressed or implied contractual Entitlement for recovery of the damages caused by the problems that occurred during the history of the project. Entitlement is established through contract language or case law.

We employ courtroom-accepted CPM Schedule Analyses including Time Impact, As-Built But-For, and Windows methodologies all of which consider planned versus actual activity durations, labor and equipment resources, means and methods, logistical constraints, contractual requirements, as well as the actions and inactions of the parties.

We analyze concurrent delays to properly understand the Owner’s and Contractor’s liability for delay and impact damages. A thorough retrospective schedule analysis of project delays is essential for the equitable resolution of delay and impact-related construction disputes.

Our Damages Methodology is based on establishing a Cost/Damage Matrix framework to allocate responsibility for man-hour and cost variances between control budgets and actual man-hours and costs at the cost account/discipline/work activity/cost type level, if available.

If practical, we would attempt to integrate the schedule activities with the available cost account detail to more accurately establish Cause-Effect Relationships between problems, schedule impacts, productivity losses, and cost overruns.