Construction Claims Methodology

We identify the problems that cause project cost, quality, and schedule issues. Due to the substantial documentation that construction projects generate and the disputes that arise therefrom, we often develop computerized document databases that utilize scanning, optical character recognition (OCR), and search and retrieval software. This technology is a cost-effective way to evaluate delays, disruption, design changes, and actions and/or inactions of parties central to a dispute.

Working together with legal counsel, we establish whether there is expressed or implied contractual entitlement for recovery of damages that were caused by problems that occurred during a project’s history. Entitlement is established through contract language, case law, or standard of care based on our working knowledge of good engineering/project management practices.

Our courtroom-accepted CPM schedule analyses include time impact, as-built but-for, and other windows methodologies, all of which consider planned versus actual activity durations, labor and equipment resources, means and methods, logistical constraints, contractual requirements, and the actions and/or inactions of parties.

We analyze concurrent delays to understand owner and contractor liability for delay and impact damages based on contractual input from counsel. 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 attempt to integrate the schedule activities with the available cost account detail to more accurately establish cause-effect relationships among problems, schedule impacts, productivity losses, and cost overruns.