Construction Claims Consulting

----------------Robert Burns, 18th century Scottish poet wrote:
----------------"The best laid plans o'mice an' men/Gang aft a-gley"

-------------"The best laid plans of mice and men often go awry"

In the event that "Best Laid Plans Go Awry" Consulting Alliance provides a range of claims consulting services, tailored to the size and complexity of a project, to assist organizations either in the preparation or defense of a construction claim.

  • Litigation Support
    Consulting Alliance provides litigation support in numerous and varied capacities to clients and/or legal counsel in the management, organization, technical analyses, claims analyses, and other related claim processes.
    In addition, Consulting Alliance assists legal counsel with explanations and insight into complex technical construction issues and industry standard practices to develop a through understanding which enables counsel to enhance their preparation and presentation of claim issues.

  • Preliminary Assessment
    Interviews with project participants and legal counsel are conducted to gain an understanding of the project, damages, claims issues and perceived entitlements. Information received from these interviews enables Consulting Alliance to formulate a preliminary assessment of the claim.

  • Project Records
    A review of the project files, home office and field, is conducted to identify the types and quantity of contemporaneous project records that exist. Upon completion of this review of documentation and electronic data, these records are then organized into categories so that they can be utilized in future analyses to support the claim.

  • Discovery
    Assistance is provided in the development of a listing of documents and electronic data to be requested from the opposition. Utilization of the opposition's contemporaneous files aids in the identification and evaluation of claim issues based upon the opposition's project records.

  • Document Management
    Contemporaneous records are the primary source of information related to the history and chronology of a project.
    The following is a list of various services offered related to document management:

    • The collection of documents and electronic data in an organized manner is one of, if not the most, important step in the claim process. Consulting Alliance's assistance in this effort includes overseeing the collection process to insure that project records are collected in a manner that insures that documents are segregated into "like types" of records.
      Project records that are collected in this type of organized manner greatly influence the efficiency in which records can be further organized into usable files enhancing the speed and efficiency of the review of project records.
    • Cataloging and organizing the chronology of project records varies dependent upon the complexity and universe of project records.
                                                                                            
        • Projects of a smaller nature can be accomplished manually utilizing printed (hard) copies of the documents organized into file folders.
        • Larger projects utilize Consulting Alliance's in-house capabilities that includes: image scanning, document database creation, optical character recognition (OCR), text search, objective / subjective coding and the issue package generation.
        • Projects that contain massive quantities of documents and electronic data can be managed and coordinated by Consulting Alliance through our alliance with a specialized document management firm that will scan images, OCR, subjectively code, and post onto a secure on-line repository that can be accessed and utilized by the claims team.

    • Project Cost Variance
      A Cost Variance Analysis (CVA) is performed utilizing job cost records supported by estimate and control budget records to identify specific items and time periods that cost variances occurred on the project. Identification of these cost variances provides a basis upon which a search of the project records is conducted to establish causes for the variances.

    • Schedule Analysis
      As-Planned contract schedule and updates are reviewed to confirm that  schedules meet or exceed project specifications as well as industry standards. Upon completion of the initial schedule review and utilizing preliminary project record information, Consulting Alliance can select the type(s) of schedule analyses best suited for the type(s) of delays incurred during the project.
      • Windows Analysis (Time Impact -  Contemporaneous Period)
      • As-Built But For (Collapsed As-Built)
      • Impacted As-Planned
      • As-Planned v. As-Built

    • Damage Calculations
      Consulting Alliance's command of cost estimating and project controls experience gained from decades within the design and construction industry is the foundation upon which it develops damage calculations. Damage calculation methods vary widely dependent upon the existence of adequate project records and the types of damages incurred.
      Damages will typically include one or more of the following types of calculations:
      • Equitable Contract Adjustment Estimate
      • Specific Compensable Actual Damage Costs.
      • Change Order Estimate / Audit
      • Delta Estimates
      • A/B Estimates
      • Reasonableness of Estimate/Bid
      • Productivity Analysis: Measured Mile, Acceleration, Overtime, Change Orders, Trade Stacking, Unusual Weather Conditions
      • Extended General Conditions
      • Liquidated Damages
      • Modified Total Costs
      • Reasonable Estimate of Cost basis for Jury Verdict consideration
      • Total Cost Method