Construction Claims Consulting

January 21, 2017 admin

The GeoFocus provides efficient and effective consulting, advisory services and assistance in the resolution of complex construction claims from “boots in the mud” experience.  Our experts are specialists and have extensive experience from both the Owner/Developer and Contractor/Subcontractor perspective.  The Principals of The GeoFocus have acted as General Contractors, Construction Managers for Services, Construction Managers for Services and Construction, Subcontractors and Trade Contractors as well as Owner/Developers.  With our experience; specifically with respect to complex construction projects perspective requiring project recovery services we can provide a perspective that will assist to efficiently guide you through the construction claim process.

Despite the cause of your construction claim (injuries, change or work, damages, schedule acceleration, construction defects, termination, delay) it is important to note that most contractual notice provisions contain three basic components: timelines for compliance, substantive requirements, and the form of notice. A failure to comply with the specific requirements of any one component may eliminate the claiming party’s ability to succeed on a claim. Prior to reviewing, analyzing, preparing and submitting your claim it is important to review the notice provisions of your contract.

“Many construction contracts set out time limits which must be adhered to by a party making a claim…Some cases have held that notifying the other party within the time limits set out in the contract is a “condition precedent”, that is, a requirement which must be complied with in order for a claim to be made. Other decisions have allowed the contractor to make a claim even where the required notice was not given. These cases have arrived at this result by a number of ways. Some have concluded that the notice provisions were not conditions precedent. Others have held that the contractor could pursue its claim because the owner waived the need to comply with the notice requirements (i.e. by paying other claims for which notice was not given), or was otherwise made aware of the claim.

Whether a contractor is precluded from making a claim because of a failure to comply with written notice requirements is a complex question. Any contractor who wishes to avoid the significant cost that often attends the litigation of complex construction issues would be well advised to carefully review the notice requirements of the construction contract, and ensure that they are complied with.” (The Delay Claim: Measuring the Impact by John Mendes) 

MOST COMMON TYPE OF CONSTRUCTION CLAIM: THE DELAY CLAIM

Delays can have disastrous consequences for owners and contractors alike. Owners can suffer extended management, supervisory, administration, insurance and financing costs, overhead expenses, loss of income, and real estate taxes. Contractors can suffer similar expenses, as well as increased general conditions expenses, increased labor and material expenses, lost productivity and lost opportunities for new work.

Evaluation and resolution of lost productivity (disruption and inefficiency) claims can be contentious and costly for both owners and contractors. The construction professionals at The GeoFocus Group have the experience to efficiently and effectively assist in the resolution of complex delay claims. Our construction professionals and third party network include seasoned contractors, engineers, architects, third party inspectors, project managers, contracts administrators and site superintendents.

PREPARATION AND EVALUATION OF CLAIMS

The GeoFocus Group has extensive experience from the Developer, General Contractor, Trade Contractor and Subcontractor perspective assisting our personnel to efficiently assess construction claim elements such as quantification of impacts and damages, delay analysis including acceleration and loss of labour productivity analysis.  Each preparation/valuation includes the following:

  • Analysis of all contractual documents (inclusive of Supplementary Conditions, Project Manuals) and or any other pertinent Contract Documents.
  • Review of all pertinent project documents including but not limited to initial project schedules, revised project schedules, requests for information, supplementary instructions, issued for construction drawings, revised drawing version and correspondence.
  • Identify coordination and/or sequencing issues, if any.
  • Validate legitimacy of the claim from supporting documents and or assist to generate / obtain correspondence which will support your claim.
  • Preparation of photographic evidence.
  • Development of a claims management strategy from issuance of notice to resolution of the claim.
  • Assess proposed change order(s) requests to ensure contractual compliance.
  • Assist to mitigate further damages, where possible.
  • Analyze problems and establish their causes.
  • Prepare thorough delay analysis.
  • Calculate the impact of changes on the schedule and or to your contractual delivery requirements.
  • Quantify damages and assist in damages recovery.

Construction claims can and often will occur from:

  • Insufficiently Detailed Drawings
  • Excessive Supplemental Instructions
  • Numerous Change Order Requests
  • Inappropriately Answered Requests for Information
  • Delays Caused by Others
  • Interference Caused by Others
  • Interference by the Owner/Developer
  • Unforeseen Site Conditions
  • Inexperienced Consultants
  • Inexperienced Project Managers
  • Inexperienced Site Staff
  • Improper Sequencing of Work
  • Suspension of Site Activities
  • Acceleration of Site Activities
  • Inadequately Prepare Critical Path Project Schedules
  • Improperly Coordinated Construction Drawings
  • Poor Communications Protocols
  • Lack of Subcontractor Coordination
  • Construction Defects
  • Design Errors or Omissions
  • Late Decision Making
  • Force Majeure

DISCUSS YOUR CONSTRUCTION CLAIM WITH THE EXPERTS

Call or submit an inquiry to tell us about your case. Once we determine which expert within our firm is best suited for your file / qualified to assist, we will put you in direct contact.

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