
| 

|

|

|

|

|
|
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
| | | |