General Litigation Support
Services
Construction claims are complex and often require a unique combination of construction experience, analytical ability and clear, concise communication skills. We are able to distill the relevant facts of the claim and communicate them to counsel for their use. By conducting comprehensive and exhaustive forensic investigations we are able to distinguish the truth from allegations and provide the facts in a manner that counsel can make the most well-informed decision regarding strategy and path forward.
CAS provides the following personalized Litigation Support Services
- Assist the construction litigator to resolve the construction disputes outside the courtroom through negotiation, mediation, and arbitration.
- Research actual project operations, develop a fundamental understanding of the project's dynamics and convey the framework to counsel.
- Develop and organize project documentation in a manner that
- Conveys uniformity
- Is accurate and precise
- Is versatile
- Can be retrieved quickly and easily
- Can be easily prioritized by counsel
- Can be easily integrated into counsel’s in-house litigation support system
- Is cost effective
Construction Forensics
Every construction problem has a root cause. CAS uses comprehensive forensic procedures and techniques to identify and document the root causes of a problem so that legitimate and effective course of actions can be established.
Once the cause is identified, CAS will develop and submit documentation, recommendations and procedures to prevent a reoccurrence.
CAS can also act as a facilitator, allowing implicated parties and their insurance representatives to examine the conditions on the project prior to remediation.
Damage Quantification
Construction claims result from cost overruns, time delays or construction defects, all of which are qualitatively visible. Quantification of damages associated with construction claims is a thorough effort, as they are often intertwined between cost estimating, scheduling, sequencing and project management. CAS performs quantification, presentation and evaluation of construction damages including:
- Damage cause and effect
- Direct cost related to extra labor, materials, equipment and subcontracts
- Extended project costs
- Labor productivity disruption and losses
- Cost escalation
- Extended home office overhead costs
CAS can identify liability and quantify damages in a timely and cost effective manner that best serves the interest of our clients.
CAS’s damage analysis will include a thorough review of all documentation. Through forensic investigation of contracts, bid estimates, schedules, design specifications and drawings, job cost data, change orders and correspondence, we methodically evaluate and document all issues related to the claim.
Schedule Delay & Disruption
CAS takes a comprehensive approach when analyzing construction schedule delays and disruptions. We are experienced in identifying, analyzing and documenting schedule delays and disruptions.
We are equipped to provide ongoing support in assessing entitlement and quantification of damages. By analyzing the project schedules, construction contract documents and each project parties’ performance throughout the construction duration, we will identify liability, quantify damages, and assist in resolving the dispute in a timely and cost effective manner.
CAS utilizes standard industry means and methods to identify and quantify schedule delays.
Schedule Delay Analysis Methods include but are not limited to
- Time Impact Analysis
- Total Float Allocation
- Cumulative Impact of Changes
- CPM Schedule Analysis
- As-Planned vs. As-Built
Damage Quantification Methods for Delays & Disruptions include but are not limited to
- Total Cost
- Modified Total Cost
- Material Escalation
- Liquidated Damages
- Actual Damages
Standards of Care
CAS can identify and evaluate the conduct and performance of all responsible parties to determine if the appropriate standard of care has been provided. The following questions will be researched and addressed:
- Do plans and specifications adequately define the project’s quantity, configuration, and quality?
- Are the documents suitable to execute their intended purpose?
- Have the industry Standards of Reasonable Care been met?
- Has the contract provisions been properly administered for the purpose of construction?
Differing Site Conditions
Unforeseen or unanticipated conditions occur on most construction projects. Damages resulting from differing site conditions can be difficult to substantiate and quantify. CAS can perform the research and investigative work to prove and quantify impacts resulting from differing site conditions and testify to support the impacts resulting from differing (unforeseen) site conditions.
CAS has the in depth knowledge of identifying, quantifying and substantiating impacts on construction projects. Basic questions that need to be addressed relating to Differing and Unforeseen Site Conditions include but are not limited to:
- What conditions existed prior to contract execution?
- What conditions were specified and shown in the contract documents?
- Did the actual condition differ from what was specified in the contract documents?
- Were the actual conditions reasonably unforeseeable?
- Was the interpretation of the planned condition reasonable?
- Were there actual damages caused by the claimed unforeseen conditions?
Construction Consulting and Expert Witness Testimony
CAS can determine and document the relevant facts of a claim and communicate these to the pertinent parties. Our forensic investigations are comprehensive and exhaustive and will illustrate truth from allegations. We will provide a credible account of the situation at hand in a defensible format.
CAS’s expert witness testimony services distill the relevant facts of the claim to both counsel and jury. Our forensic investigations are complete and thorough and will distinguish the truth from allegations to the jury so they can make the most well-informed decision.
