CONSTRUCTION CLAIMS / LITIGATION SUPPORT / EXPERT WITNESS SERVICES
Few firms in the country can match WHI’s successful track record in the construction claims industry. WHI will bring to your team the highest caliber consultant with the background needed to most effectively support your client’s claim.
CONSTRUCTION CLAIMS AND LITIGATION SUPPORT
Whether you are representing an owner, designer, contractor, or specialty trade contractor on a construction claim, you want the most experienced and knowledgeable consultant on your team. Few firms in the country can match WHI’s successful track record in the construction claims industry. The right consultant has a breadth of construction knowledge, extensive prior involvement with construction litigation, trial experience, good judgment regarding the relative importance of documents as evidence, and persuasion skills. A consultant with these characteristics gives you the competitive edge. WHI will bring to your team the highest caliber consultant with the background needed to most effectively support your client’s claim.
DISCOVERY AND DOCUMENT CONTROL
WHI will assist with the discovery of information and documents. We are highly skilled at managing this process. Our experts will quickly and efficiently identify and categorize the documents that are crucial to your case. Our organization and reproduction of these documents reduces a mountain of data into a meaningful core of information for you to use at depositions and at trial.
ANALYSIS OF TECHNICAL EVIDENCE
WHI will help determine what went wrong on a project. We apply our experience and our extensive construction knowledge to analyze the particular facts regarding a project and assess the causes of project delays, extensive change-order costs, or construction defects. In particular, WHI consultants excel in the following:
WHI consultants will calculate damages incurred by the party asserting claims or the party refuting claims. With a solid understanding of the project, we are able to help your client formulate a realistic approach to recouping damages, which can then be substantiated through a trial or in arbitration/mediation.
Proof of Delay
WHI is a recognized leading authority in the innovative use of detailed schedule analysis to prove construction delays. WHI consultants will review or prepare “as planned” performance schedules and “as built” performance schedules to reflect the relevant delays. Once identified, we pinpoint the time span and cause of each delay, and visually show how the delay changed the sequence of construction. WHI examines concurrent and non-concurrent delays, as well as compensable and non-compensable delays, and applies CPM principles to the delay analysis.
Delay / Disruption & Inefficiencies
WHI was one of the first consulting firms to use CPM scheduling techniques to prove delay/disruption or inefficiencies. WHI personnel excel at analyzing loss of productivity (LOP) claims. WHI examines the bid estimates and original as-planned conditions and compares them to job conditions. WHI recognizes that overtime, adverse weather, out of sequence work, trade stacking, contract changes, and increased labor crews are among the many factors that result in LOP. WHI personnel provide a realistic approach to quantifying damages and assessing liability.
Design / Workmanship Issues
WHI’s experienced consultants will identify the difference between improper workmanship and inferior design. Our consultants will perform a detailed investigation to study all of the factors involved surrounding the design/workmanship issue, and then arrive at an opinion consistent with the standards of the industry.
EXPERT WITNESS SERVICES
The expert witness in any dispute is critical. The role of the expert is to honestly and objectively transfer technical knowledge into the minds of the trier-of-fact. Many disputes are resolved because one side’s expert makes this transfer more effectively than the other side’s expert. In the courtroom, it is understood that the attorney is the advocate for his client; in turn, the expert’s opinion must be representative of the documents and facts surrounding the case.
Knowledgeable & Competent
To be a truly effective expert in court, one should know more about the subject he or she is testifying about than any other person in the courtroom. A true expert must possess extensive knowledge and years of experience in the practical application of a given subject; he or she must be able to honestly and accurately answer questions with confidence and consistency. The expert’s answers should be substantive and impressive in delivery since they come from a depth of background and experience.
Organized and Prepared
The best expert witnesses understand the importance of a well-prepared testimony. WHI is particularly skilled at document management, and as a result, our consultant relies on superior organization and attention to detail, which is invaluable when preparing for expert witness testimony. The WHI expert uses time wisely, and thoroughly reviews all facts and important documents prior to testifying, thereby solidifying all of the details of the case to memory. In the courtroom, this preparation allows for highly focused and synchronous delivery of facts for your argument.
The WHI Expert
Whether expressing opinions on professional liability, workmanship, delay analyses, or damage calculations, the WHI expert has the demeanor to establish your position in any dispute resolution setting. He or she is organized, prepared, knowledgeable, and competent, and possesses extensive construction knowledge. WHI experts realize that their backgrounds and written materials are public domain. They expect opposing counsel to be well informed on any prior testimony which appears to be inconsistent.
WHI experts are difficult to impeach during cross-examination due to their impeccable preparedness. Selecting a WHI expert will most certainly strengthen the persuasiveness of your argument.
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