Construction DISPUTES

INTEGRATED FORENSIC ENGINEERING AND CONSTRUCTION DISPUTE ANALYSIS

CONSTRUCTION DISPUTE SERVICES

Haag consolidates traditional construction and forensic engineering subject matter experts to provide independent assessment of disputes covering all industry sectors. The consolidation of quantum, scheduling, forensic engineering and risk management strongly positions Haag to provide streamlined, unbiased service to insurance and legal clients, as well as owners, developers and contractors.

Applicable construction sectors include, but are not limited to:

  • Residential
  • Commercial
  • Heavy civil
  • Industrial
  • Environmental
  • Energy
  • Mining

Haag’s team has specific capabilities across a wide range of dispute services, including:

1. FORMAL DISPUTE RESOLUTION

New forms of dispute resolution are adopted across the country from time-to-time to improve the flow of payment and alleviate demands on the court system. Our experts have worked extensively in global markets and experienced all types of dispute resolution. We help clients to navigate and simplify those instances where disputes seem intractable by clearly identifying the facts. Working collaboratively with your team, we provide valuable resources and expertise to guide you towards an economic and equitable resolution. Dispute capabilities include:

  • Expert witness testimony and reports (preparation & rebuttal)
  • Alternative dispute resolution
    • Arbitration
    • Adjudication
    • Mediation
    • Litigation

2. FORENSIC ENGINEERING

Whether confronting the impacts of a severe weather event, structural collapse, construction defect, construction defect, engineering failure, or construction accident, our highly qualified engineers will effectively identify the steps required for an in-depth forensic investigation. We isolate the root cause(s), quantify loss and specify remediation. Investigations typically include:

  • Assessment of cause(s) and extent of loss
  • Engineering report and drawing preparation
  • Subrogation investigation
  • Scope of loss remediation and quantification

 

3. CLAIMS MITIGATION, PLANNING & PREPARATION

Whether seeking to avoid, defend or prepare a claim, our experts are ready to assist. With a deep understanding of all claim types, we offer an impartial perspective and a clear path forward so clients may achieve an optimal outcome. Our services encompass:

  • Delay Claim Preparation & Defense
    • Disruption
    • Acceleration
    • Prolongation
    • Lost productivity
  • Quantum Assessment
    • Liquidated damages
    • Defect liability
    • Loss evaluation
    • Remediation claims
  • Change Management
    • Impact of change, cost entitlement, impact analysis

 

  • Business Interruption Assessment
    • Economic loss
    • Establishing recovery costs
    • Force-majeure support
    • Duress assessments
  • Scheduling
    • Recovery & acceleration programs
    • Progress updates
    • As-built updates
    • Project closeout / as-built programs
    • Extension of Time Submissions

4. RISK MANAGEMENT & MITIGATION

Every project carries risks and opportunities. Those risks can never be fully eliminated. Common sources of risk resulting in a claim, particularly amid the pandemic, are fluctuating material costs, supply chain disruption and productivity losses. Anticipating these risks enables management strategies to be implemented to minimize negative impacts to the project. Haag’s experts can complete a gap analysis to identify areas of potential risk and recommend strategies to enable our clients to effectively manage risk and ensure optimal project performance. Risk management services include:

  • Third-party project oversight
  • Ongoing progress reports on time, cost and status of insured/uninsured works
  • Critical path analysis
  • Reoccurring schedule reviews
  • Claim strategy counsel
  • Negotiation documents (preparation and rebuttal)
  • Correspondence preparation
  • Reinstatement support
  • Schedule recovery

5. COVID-19 IMPACT

The COVID-19 pandemic has had a significant impact on the industry, which continues to reverberate. Issues such as free movement of labor between states, sourcing materials domestically or overseas, and enhanced on-site safety measures, to name a few, can cause added cost, delay and disruption to a project and result in a claim. Common impacts include:

  • Supply chain disruptions
  • Loss of productivity
  • Project disruption

reach a

professional

To speak to one of Haag’s engineers or consultants about our services related to construction disputes and what we can do for you, contact us or call 800-527-0168 or 214-614-6500.