FA&A has been retained on assignments under difficult circumstances that have either been under the threat of litigation or eventually went to litigation. FA&A has gained expertise from these assignments and has worked closely with counsel. FA&A has been asked to evaluate claims, prepare affirmative claims and set out a strategy from the technical perspective to manage and minimize potential claim exposures or to seek proper compensation for delay, disruption or other similar type claims for recovery. FA&A has provided engineering and construction support in arbitration, mediation and trial settings. FA&A has also provided assistance to owners, sureties and other construction-related entities in the Dispute Resolution Process.
Risk Avoidance and Limitation Services
- Insure that the project plans and specifications are in proper order and accurately reflect the construction work intended.
- Insure that the scope of work is properly defined.
- Insure that the project pricing reasonably represents a true cost.
- Partner and promote project teamwork.
- Provide alternative dispute resolution methods at the project level.
Claim Disputes & Analysis
FA&A can analyze and provide assistance to the client when disputes arise concerning design errors and omissions, scope of work issues, extra work claims, backcharges, out-of-sequence work, delay, disruption, changed conditions, differing site conditions, acceleration, construction defects, warranty issues and other construction-related problems that have an impact on contract performance and cost. FA&A has claims experience with owners, contractors, subcontractors, suppliers/vendors, sureties, insurance companies, banks, engineers and others.
FA&A can provide scheduling skills for any construction need. FA&A is skilled in the critical path method (CPM). The scheduling product can be produced in various recognized formats such as Primavera's P3, Microsoft Project and others. The schedules that are developed can be used to analyze as-built or as-planned progress, compensable and non-compensable delay or can focus on particular aspects of the offending critical path. The analysis in a claim context is used to defend against claims for delay, disruption or out-of-sequence work to name a few. In the alternative, affirmative claims can be developed also to show entitlement for additional monies for the client.
FA&A provides costing for disputes involving extra work, inefficiency, disruption cost, extended overhead, equipment cost, labor and material escalation, loss of use, diminished asset value, lost profits and increased financing cost. The damage analysis can be used as a preliminary tool to determine the magnitude of the claim or it can be used at litigation as a proof of damages.
FA&A provides litigation support services to assist counsel during mediation, arbitration and at trial. FA&A can provide assistance with document discovery, document requests, document organization, preparation of issue files, document retrieval, deposition outlines, support exhibits, and mediation, arbitration and trial support.
FA&A provides technical expertise in the planning for claims disputes, working with the client's counsel. FA&A can provide assistance in the general information gathering, exposure vs. cost analysis, identifying evidence, assessing strengths and weaknesses, analyzing exposure, analyzing technical and construction issues, and identifying information and resource requirements. FA&A can also provide assistance in budget and work plan preparation.