Construction Claims Consulting
VERTEX is a premier construction claims firm serving contractors, owners, sureties, and insurance carriers on all types of projects from infrastructure to vertical construction.
VERTEX helps clients investigate and manage litigated construction claims. We investigate the nature and extent of damage caused by substandard work, design errors and omissions, and material deficiencies. We evaluate plaintiff declarations to determine if repair scopes and costs are reasonable. We help our clients assess responsibility and allocate liability. VERTEX is unique in that we have the ability to tender our cost-to-repair reports as formal bids to complete the work. This verifies the legitimacy of our estimates and promotes fair settlements.
VERTEX has full-time construction claims personnel that are experts in assembling affirmative claims for overpayment, differing site conditions, added scope, cardinal changes, delays damages, loss of productivity, maladministration, wrongful termination, etc. This same team is equally qualified to rebut claims asserted against sureties and their principals. In the event that the dispute is elevated to mediation, arbitration, or litigation, sureties can rely on the VERTEX team of experts to provide strong testimony.
Expert Services
VERTEX’s pool of experts has individually testified up to 150+ times in state courts, federal courts, traditional arbitration (AAA, JAG, etc.), and ICC arbitration. Our experts are qualified in construction claims, engineering issues, cost estimating, allocation, construction means and methods, surety completion contracting, and surety claims administration.
Entitlement Review and Investigation
The first stage of an assignment often involves investigation and familiarization with the project. VERTEX’s claim process starts with an entitlement analysis, which requires a review of contract documents, site specifications, construction schedules, and contemporaneous correspondence. This can include assisting with document discovery if assistance is needed. Additionally, we visit and assess the job site, and interview key personnel to increase our understanding of the facts, and gain familiarity with the project background and issues. This work allows us to develop a detailed work plan for remaining tasks.
VERTEX then determines the nature of the claim issue, whether it involves: Productivity; Acceleration; Differing Site Conditions; Added Scope / Quantum Meruit; Maladministration; Force Majeure; or any other number of claim categories. Once VERTEX has a complete understanding of the facts we offer our support-based opinions.
Issue Analysis
As part of the analysis, VERTEX will review and document key issues and create issue files, narrate issues and provide a timeline of events, and establish causation and liability for each issue.
Damage Calculation and Cost Evaluation
VERTEX draws upon construction cost data from our portfolio of thousands of construction projects, industry standard construction cost data from various software providers such as RSMeans and Xactimate, subcontractor and vendor quotes on certain divisions of work, and actual cost data work already performed. We are experts in providing actual cost claims, estimated cost claims, and total/modified cost claims. Cost items may include:
- Extended Overhead: field office and home office
- Lost productivity
- Acceleration
- Extended/additional equipment
- Labor/Material escalation
- Extra work/changes
- Corrective work/back-charges
Forensic Scheduling
Many construction claims involve delay damage components. Therefore, VERTEX’s team of forensic schedulers are experts in the use of scheduling software that is commonly used on construction projects. We use this expertise, coupled with our real-world construction experience, to identify durational impacts that caused financial impacts to our clients. Scheduling impacts are often included in claims that involve: Productivity; Acceleration; Differing Site Conditions; Added Scope / Quantum Meruit; Maladministration; Force Majeure; or any other claim categories.
Fault Allocation
In certain instances VERTEX is asked to provide fault allocation opinions once we complete our claim review. In these instances, VERTEX reviews the issues, identifies the duties of the various parties involved in the design and construction of the project, assigns an initial responsibility, and then adjusts the fault allocation to account for patent conditions and follow-up work that covered up defective work, if appropriate.
Timely identification and effective mitigation of projects risks is critical to all successful construction projects. VERTEX provides project owners, contractors, and other stakeholders with insightful metrics and recommendations to effectively manage schedule and cost risks. From developing baseline schedules, to tracking productivity variances, to developing and evaluating change order requests, we work with our clients to ensure best practices are applied during construction projects.
Cost Estimating
- Cost of repair estimates
- Allocation of damages
- Reasonableness of costs incurred analysis
- Contract and scope review
- Reliable on-screen takeoffs
- Estimate and budget review
- Cost to complete analysis
- Experienced engineers and contractors
Standard of Care
- General Contracting/Construction Management
- Architecture
- Owner’s Representatives
- Civil Engineering
- Structural Engineering
Liability / Cause & Origin
- Construction & design compliance analysis
- Structural failures
- Building envelope issues
- Building movement
- Site grading and drainage
- Destructive testing
- Preparation of repair recommendations
- Code/industry standard review
- Fault allocation
Contract Claims
- Claim preparation and defense of claims
- Delay claims
- Schedule compression / acceleration of work
- Differing site conditions
- Schedule analysis
- Participate in and assist with mediation, arbitration or litigation
- Claim negotiation
Reporting and Presentation
The final phase of claims analysis is to report and/or present our findings. VERTEX can prepare and submit our findings either orally or in an expert written report. Our reports will reference all documents and evidence which support our analysis. Our oral presentations may include PowerPoint presentations, including supporting charts, tables, graphics and any other visual aids that clearly illustrate VERTEX’s conclusions and recommendations.
Services
- Forensics
- Surety Claims Consulting
- Construction Claims Consulting
- Environmental Claims Consulting
- Forensic Engineering
- Forensic Cost Engineering
- Forensic Architecture
- Forensic Accounting and Fraud Investigations
- Forensic Fire & Life Safety Claim
- Insurance Appraisal Consulting
- Builder’s Risk and Delay in Start Up (DSU) Insurance Consulting
- Subcontractor Default Insurance Claims Consulting
- Expert Witness & Dispute Resolution
- Standard of Care
Contractor - Standard of Care
Contractor Termination - Standard of Care
Owner - Standard of Care
Architectural & Building Envelope - Delay and Damages
- Productivity Loss
- Termination
- Commercial Damages
- Standard of Care
Structural - Standard of Care
Site Civil - Government Contracts
- Standard of Care
Heavy Civil - Standard of Care
Geotechnical - Standard of Care
MEP - Fire Protection
- Standard of Care Construction Safety
- Delay
CPM Scheduling Expert - Standard of Care Fire Protection and Life Safety
- Delay
Productivity - Delay
Acceleration - Damages Cost of Repair and FAULT ALLOCATION
- Business Interruption & Lost Profits
- Damages
Differing Site Condition - Damages
Added Scope - Environmental Cost Expert
- Environmental Scope Expert Witness Services
- Environmental Schedule Expert Witness Services
- Environmental Compliance Expert Witness Services
- Standard of Care
- Engineering
- Environmental
- Project Advisory
- Construction Management
- Owner’s Representation
- Owner’s Project Management
- Program Management
- Construction Monitoring
- Distressed Project Services
- Project Controls
- Cost Management & Cost Estimating
- Construction Inspections
- Restoration and Tenant Improvements (RTI)
- Market Research & Real Estate Economics