DISPUTE RESOLUTION / CLAIMS AVOIDANCE

WHI Man Gray

Our experience in thousands of construction disputes …  including litigation and arbitration, mediation and negotiation … for Owners, A/E Firms, Contractors and Sureties can assist in the following major areas: Avoidance Analysis, Discovery and Document Control, Presentation and Refutation of Technical Evidence, Proof of Delay, and Damage Calculations. 

DISPUTE RESOLUTION / CLAIMS AVOIDANCE

When your construction project is in dispute, choosing a knowledgeable and objective construction claims consultant can make all the difference between success and failure. Disputes easily escalate into costly litigation with extraordinary financial ramifications. With the consequences so high, you want to make the right moves. WHI’s experts provide a wealth of knowledge from their construction dispute resolution and construction claims experience, bringing more than four decades of successful interventions to the table. Our skills and objectivity in analyzing project delays, change-order costs, and quality defects will benefit your party at any point throughout a dispute.

Unfortunately, many clients turn to WHI after the dispute has escalated. WHI is most valuable at the early stages of a dispute, from which point we can guide you through a resolution to the most optimum outcome.

Dispute Resolution – Escalation of Problems

WHI reviews the facts from an independent position, and suggests the best course of action to minimize or resolve the dispute. With the high costs of litigation, many of our clients opt for Alternative Dispute Resolution (ADR). Many of WHI’s consultants have hands-on ADR experience as arbitrators and mediators.

WHI’s independent position in a situation allows us to review the facts and form opinions without bias. Often in disputes which develop over a period of years, the ability to reason is impaired. Rationalization, reinforced by pre-drawn conclusions, precludes the involved parties from accurately determining responsibility.

ALTERNATE DISPUTE RESOLUTION

Arbitration, mediation and negotiations are common forms of dispute resolution techniques used in the construction industry but contractors, attorneys and designers involved in ADR sometimes forget that ADR is not litigation. Success in ADR requires different skills, preparation, and presentation than are used in courts of law.

WHI has “hands-on” ADR experience participating in the presentation of thousands of disputes. Our consultants regularly sit as arbitrators, mediators and/or negotiators giving us a perspective not shared by others involved in the dispute resolution process. We know how to prepare, present, explain and resolve disputes better than anyone in the industry.

CONSTRUCTION CLAIMS ANALYSIS

Construction Claims Analysis without bias can determine strong points and weak ones. By emphasizing assets and neutralizing liabilities, possibilities for satisfactory resolutions are increased. Through careful analysis of the facts, WHI will determine what went wrong on your project allowing us to assess responsibility and determine if, and to what extent, a claim is worth pursuing.

DAMAGE CALCULATIONS

WHI Construction Consultants will calculate damages incurred by either party to assert claims or refute opposing party claims. We will help you formulate a realistic approach to recouping damages, which can then be substantiated through a trial or in arbitration/mediation.

DELAY / DISRUPTION / INEFFICIENCIES

WHI was one of the first consulting firms to use CPM Scheduling techniques to prove delay/disruption or inefficiencies on construction projects. WHI personnel excel at analyzing the 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.

DELAY ANALYSIS

WHI is a recognized leading authority in the innovative use of detailed construction schedule analysis to prove construction delays. WHI consultants will review or prepare “as planned” / “as built” schedules to reflect the relevant delays. Once identified, WHI’s consultants can pinpoint the cause of each delay and how much time is impacted by the delay, and visually show if / 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 Critical Path Method ‘CPM’ scheduling principles to the delay analysis.

Owners, architects/engineers, contractors, subcontractors, and suppliers all need to know who caused the delay so a just and equitable decision will result from any construction dispute.

DESIGN / WORKMANSHIP ISSUES

WHI’s 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.

Do you have a project you need help with?  If so, click on the link below or feel free to send us an email or call at one of our office listed below.