Keeping the Process Moving
Most construction contracts include some form of dispute resolution process for a reason – to settle disputes in a timely manner. But this can only happen when no excuses are being made for not moving the process forward. Our claims and dispute resolution experts provide the extra hands needed to meet deadlines.
During the project the contractors’ personnel are trying to, well, build the project. It can be presumed that the vast majority of contractors do not staff a project with construction claims in mind. Likewise, owners’ representatives are geared towards administering normal contract functions and have little time to address unexpected construction disputes.
Keep in mind, the Net Present Value (NPV) of money received quickly via change orders is often a better solution than pursuing a greater sum through a lengthy dispute resolution process with its inherent expenses. There are cost accounting implications as well. Contractors must estimate the value of outstanding claims when closing the books each fiscal year.
A construction claims expert does not necessarily need to handle all aspects of dispute resolution, but there is no question that construction disputes are too time-consuming to be left to regular staff. As consultants, resolving your dispute in a timely fashion is our first priority. In-house staff, on the other hand, tend to be overwhelmed with conflicting priorities.
Resolving disputes often comes down to communicating effectively. If the owner does not understand why additional time or money is being requested by the contractor then the contractor has failed to state his case substantively and concisely. Our experience on hundreds of construction disputes gives us the knowledge and expertise to find solutions.
Our dispute resolution services include the following tasks:
- Assistance with document discovery
- Assistance with deposition of opposing experts
- Mediation statements and presentations
- Courtroom graphics and animations
- Expert opinion reports
- Expert opinion testimony
Bill Pepoon, Managing Partner of Construction Science, has testified as an expert witness in California, Connecticut, Delaware, Kansas, New York and Pennsylvania. His expert testimony experience includes arbitration, mediation, depositions, bench and jury trials, and Alternative Dispute Resolution (ADR) and Dispute Resolution Board (DRB) hearings.
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