Construction Expert Witness Boston, MA, Hartford, CT, New York, NY, New Jersey
Construction Risk Consultants: litigation support, alternative dispute resolution, claims analysis
  Construction Expert Witness Boston, MA, Hartford, CT, New York, NY, New Jersey
 

 

 

AAA Arbitration

Lungmen Nuclear Power Plant, Taiwan, Project Value: $5B
Construction AAA Arbitration Support - Lungmen Nuclear Power Plant, Taiwan

Construction Risk Consultants supported an international engineering firm in AAA arbitration. We supported our client to win in excess of $28M for damages suffered during the performance of engineering and construction support services for two coal-fired power plants in Taipei, Taiwan.

 

 

 

Six (6) Step Approach to Delay & Disruption Claims Analysis
Six Step Approach to Delay & Disruption Claims Analysis - I. Issue Analysis

1. Review notices

2. Review claims
 
Six Step Approach to Delay & Disruption Claims Analysis - II. Detailed Issue Analysis

1. Examine contracts, addendums & subcontracts

2. Review & analyze plans & specifications

3. Examine & analyze original estimates, budgets, schedule of values & monthly invoices

4. Perform comparative assessment of billables vs. actual percent complete

5. Review project logs
 
Six Step Approach to Delay & Disruption Claims Analysis - III. Project Documentation Analysis

1. Review project correspondence

2. Review meeting minutes

3. Review RFIs

4. Assess cumulative impacts of RFIs

5. Review & assess change orders & fragnets

6. Review delay notices

7. Review baseline schedule

8. Review progress updates
Six Step Approach to Delay & Disruption Claims Analysis - IV. Schedule & Delay Analysis

1. Examine & analyze baseline schedule

2. Examine & analyze progress updates

3. Examine & analyze delay notices

4. Examine & analyze impact of procurement of materials & equipment

5. Analyze impact of individual changes

6. Analyze cumulative impact of changes

7. Analyze schedule compression & related causes

8. Analyze causes leading to constructive acceleration

9. Analyze impact(s) due to other trade contractors’ actions or inactions

10. Analyze actual progress vs. baseline

11. Window Analysis
 
Six Step Approach to Delay & Disruption Claims Analysis - V. Analysis of Damages/Cost Overruns

1. Identify out of scope work performed

2. Analyze project delay cost overruns

3. Assess loss of productivity impacts

4. Assess compensability of delay claims

5. Identify excusable vs. non-excusable delays

6. Identify compensable vs. non-compensable delays

7. Identify concurrent delay

8. Quantify delay damages
 
Six Step Approach to Delay & Disruption Claims Analysis - VI. Prepare Expert Report

1. Develop timelines

2. Summarize findings

3. Prepare detailed report

Construction Litigation Support
Construction Risk Consultants provides focused litigation support to attorneys throughout the United States. Our complete, thorough and clear technical analysis performed in support of construction litigation has proven to be a valuable tool, not only in court supporting litigation, but also in the attempt to settle disuputes.
 

Forensic Delay & Disruption Analysis

We provide technical support every step of the way. Our work is distinguished by our unwavering commitment to the highest ethical principles and standards of performance. Starting with data collection, our work typically includes the examination and analysis of original designs, project bids, budgets and actual performance. We also examine project documentation and correspondence, CPM schedules and progress updates. We analyze the data, summarize our findings and prepare expert reports. We support you throughout despositions, mediation and negotiation.
 

Classification of Delays

Construction delays are categorized as either non-prejudicial or prejudicial. Non-prejudicial delays impact a portion of the work within the available float time, but allow the project to be completed within the specified contract time period. Prejudicial delays, on the other hand, impact a portion of the work and exceed the total float available, hence delaying the project. Prejudicial delays are further classified as excusable or nonexcusable. Excusable delays, where the contractor is entitled to a time extension, may be compensable or noncompensable.

A project may experience concurrent delays when elements of excusable and nonexcusable delays overlap. Determining fault and assigning responsibility can be difficult. In general, excusable/noncompensable delay controls in situations where there are concurrent excusable/compensable and excusable/noncompensable delays. In this case, the contractor is entitled to a time extension, but no monetary compensation. On the other hand, the contractor may recover time and damages when nonprejudicial delays are interwined with excusable/compensable delays.

 

Delay & Disruption Claims - Forensic Analysis of Project Records
  • Examine contracts and subcontracts
  • Examine and analyze plans and specifications
  • Examine and analyze original estimates, budgets, schedule of values and monthly invoices
  • Perform comparative assessment of billables to actual percent complete
  • Examine and analyze project correspondence
  • Assess out of scope work performed
  • Examine and analyze change orders and fragnets
  • Examine and analyze baseline schedules and progress updates
  • Examine and analyze claims and counterclaims
 

Critical Path Activities

CPM schedules contain critical and noncritical activities. Critical activities form the longest path through the project. Delaying the completion of these activities affects the completion date of the project. If a CPM schedule is used to analyze delay, it should be updated and kept current to reflect the status of the project and the critical path.

As-planned schedules typically differ from as-built schedules as the latter gets updated to reflect progress, changes, delay and acceleration. As-built schedules are most convincing when proof is based on actual , contemporaneous project information that has been frequently updated in the schedule at the time the events were actually occurring.

 

Delay & Disruption Claims - Forensic Analysis of CPM Schedules

  • Examine and analyze impact of procurement of materials and equipment
  • Analyze impact of individual changes
  • Analyze cumulative impact of changes
  • Window Analysis
  • Analyze schedule compression and related causes
  • Analyze causes leading to constructive acceleration
  • Analyze impact due to other trade contractors' actions or inactions
  • Analyze actual progress v. baseline
  • Develop timelines and presentations
 

Delay & Disruption Claims- Quantify Damages
  • Identify "out of scope" work performed
  • Demonstrate compensibility of "out of scope" work performed
  • Analyze project delay and related cost overruns
  • Demonstrate and assess loss of productivity impacts
  • Support compensability of delay claims
  • Assess and validate back charges
  • Analyze causes leading to wrongful termination
  • Assess and validate liquidated damages
 

Delay & Disruption Claims - Expert Reports
  • Develop credible expert reports
  • Rebuttal of opposing experts' reports
 

 

 

Construction Risk Consultants

Serving Massachusetts, Connecticut and New York

 

 
 
 

About Us:

Construction Risk Consultants provides focused litigation support throughout the United States. Our complete, thorough and clear technical analysis has proven to be a valuable tool, not only in court supporting litigation, but also in the attempt to settle disputes.

We are CPM Scheduling and Forensic Delay Analysis Experts. In support of dispute resolution, Construction Risk Consultants has analyzed construction claims ranging in value from $1M to $50M.

 
 
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