Construction Claims Analysis
Our standard work plan for providing construction claims analysis is to use a phased approach. Our task assignments depend on the work our client has already performed, the availability of project documentation, the issues in dispute, and the timing of required work products, defined by the arbitration/litigation schedule.
Scope of our Construction Claims Analysis Services
- Requests for equitable contract adjustments and claims
- Expert reports pertaining to our analysis of and defense against claims
- CPM schedule analyses to quantify delay, time extension, acceleration, and liquidated damages entitlement
- Quantification of direct and indirect damages including delay and loss of productivity
- Assessment of project management performance and standard of care
- Graphics and multimedia presentations in support of negotiations and expert testimony
- Computerized document databases and OCR-based internet document repository and retrieval systems
- Expert testimony in U.S. and international mediation, arbitration, litigation, or ADR forums
- Independent, third-party neutral analysis of claims/facilitation of settlement including tribunal-appointed experts
An Overview of Our Phased Approach
We employ a phased approach for our construction claims analysis services. For detailed information about each phase and the corresponding tasks we perform, we invite you to download our Engineering and Construction Claims Analysis and Expert Testimony brochure above.
Phase I: Project Orientation, Preliminary Document Review, and Work Plan Development
During Phase I, we first review any pleadings, statements of claim or defense, contractor claims, and owner defenses and counterclaims. We then perform a preliminary review of the relevant project documents prepared prior to and during the execution of the project.
Phase II: Document Database Development and Preliminary Analysis
During Phase II, we perform tasks required by our client as part of the arbitration/litigation schedule. In addition, other potential Phase II tasks include, but are not limited to, developing a document database, analyzing contract(s), reviewing invitations to bid, job instructions, and proposals, reviewing drawings and specifications, analyzing change orders, identifying, organizing, and reviewing cost data, developing macro analyses for man-hour variance, quantity variance, labor productivity, and cost variance, and evaluating and selecting schedule analysis methodology options.
Phase III: Detailed Analyses
After performing a preliminary analysis of the documentation and technical, schedule, and cost issues, we subsequently perform a detailed analysis that supports opinions expressed in our expert reports. The tasks we perform during Phase III are definitive analyses that substantiate the preliminary findings, but they may be tailored to the needs of our client, the actual scope of work and opinions required, and the deadlines of the arbitration/litigation.
Phase IV: Report Preparation
The work products resulting from our detailed analyses may take many forms, including but not limited to claims/requests for equitable contract adjustments, reports supporting the defendant’s positions against claims, PowerPoint presentations, or expert reports. One or more expert reports may be required for arbitration or litigation. Rebuttal reports may also be required to critique the reports of other experts.
In addition, some arbitrations require that opposing experts meet to attempt to narrow the issues. Reports may be required to document this effort. For each claim document, presentation, or expert report, our work plan is to: (a) prepare Draft Claims Documents/Presentations/Reports; (b) review with the client our Draft Claim Documents/Presentations/Reports; and (c) prepare Final Claim Documents/Presentations/Reports.
Phase V: Arbitration/Litigation Testimony
For arbitration or litigation, expert testimony may be required. This work may include preparing for and providing expert testimony at depositions and providing arbitration/litigation expert testimony and support throughout a project as required.
Other tasks that our clients may request us to perform during arbitration or court proceedings include but are not limited to: assisting with drafting Requests for Arbitration, detailed Memorials/Statements of Claim for Arbitration, Responses, and Counterclaims; assisting with settlement negotiations; preparing presentations for use at mediations; assisting with developing document requests and interrogatories from opposing parties, and deposition questions for opposing witnesses; preparing witness statements; and preparing graphics for technical issues and/or presentations.
Construction Claims Methodology
Our construction claims methodology incorporates a systematic process involving problem identification, document analysis, development of computerized document databases, contract analysis, entitlement analysis, establishment of cause-effect relationships often requiring CPM schedule analyses, and damages analysis and calculations.