Forensic Consulting Services

Our talented team of construction, engineering, accounting, and architectural professionals have worked on thousands of payment and performance bond claims that, in aggregate, relate to billions of dollars of work and that spans every sector and every division of construction. In addition, we have served as a completion contractor on projects of all sizes that are located throughout the globe.

Forensic Accounting Services

VERTEX provides construction accounting analysis including complete exposure analysis, joint control account administration, payment bond claim accounting, claim payment administration, accounting software analysis, financial statement evaluation, asset evaluation, salvage valuation, budgeting and cash flow analysis, payroll monitoring, prevailing wage and labor claims, income payroll and sales/use tax analysis, accounting office supervision, interim CFO and accounting staff, cost to complete estimates, construction delay cost analysis, claim and lien release negotiations, and specialized surety reports. VERTEX provides the expertise in construction and fund accounting to meet and exceed client expectations.

Performance Bond Claim Consulting

VERTEX has a deep bench of experienced surety claims professionals that have worked on thousands of performance bond claims that relate to all divisions of construction. In the event of a performance bond demand, our team can offer the following services: pre-termination evaluation; termination review; cost-to-complete estimate; project relet; project monitoring; contract administration; latent defect evaluation; overpayment evaluation; and closeout administration.

Payment Bond Claim Consulting

VERTEX’s team of engineers, construction managers, architects, and accountants assist surety providers review payment bond claims from subcontractors, suppliers, labor claimants, and tax organizations. Our understanding of contracts, state law, federal law, FARS, construction means and methods, and fair market value allows VERTEX to provide sureties the information that is needed to make timely decisions on the proper amounts to pay on individual claims.

Surety Completion Contracting

VERTEX provides completion contracting services on projects of all types and sizes where the original contractor does not complete its contract work due to a termination for convenience or for cause. VERTEX understands the subcontractor ratification process and intricacies involved in the proper estimation of partially completed work. VERTEX completes partially completed and typically distressed projects throughout the globe. While serving as a completion contractor, VERTEX maintains the best interests of the surety through the course of construction.

Construction Claim Consulting

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 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.

Funds Control

When funding a contractor, our clients require experienced personnel in construction and accounting to ensure receipt of funds from the project owner and proper disbursement of funds to subcontractors, vendors, suppliers, labor unions, etc. VERTEX provides expertise in fund control to ensure timely and accurate services.

Staff Augmentation

Often times VERTEX is called upon to augment the surety’s staff be it assisting in claim writing or acting as the Owner’s Representative on behalf of the surety. Some of our Staff Augmentation Services include project scheduling, project engineering, assistant project management, senior project management, quality control, safety, risk management, assistant superintendence, and general superintendence. 

Document Management

Surety providers frequently retain VERTEX’s IT experts to copy and digitally retain all files from bond principals when surety obligations are triggered because of payment and /or performance issues. VERTEX typically collects accounting information, contract documents, emails, letters, etc. and preserves the information on our cloud server, which can retain any amount of information for as long as necessary. This service allows sureties to rest easy knowing that relevant project information will not go missing overnight.

 

Contract Claim Disputes

Our construction claims team prepare affirmative claims and rebuttal reports for disputes that involve: scheduling, scope, productivity, differing site conditions, maladministration, over-payment, unjust enrichment, default termination, etc. VERTEX works on claims that range from several thousand dollars to several hundred million dollars.

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Key Personnel

Diana Minchella

Diana Minchella

Executive Vice President, Surety

As an Executive Vice President for VERTEX, Diana Minchella manages the surety claims consulting division nationwide. Ms. Minchella has a strong background in investigating and analyzing construction claims for contractors, owners, sureties and insurance carriers on a variety of projects including commercial, municipal, healthcare, transportation, wastewater treatment and solar facilities. Ms. Minchella has the experience and capabilities to review and defend against construction claims as well as to prepare affirmative claims. Her claims experience has involved construction delays, design defects, owner-initiated changes, unanticipated weather, differing site conditions, disruption, and defective work. As a claims consultant, Ms. Minchella has experience in analyzing schedules and calculating damages.

Ms. Minchella also has a strong background in construction management and civil engineering with an emphasis in structural engineering. As a project manager with VERTEX, Ms. Minchella has provided construction management and consulting services on numerous multi-million-dollar projects throughout the northeast. Many of these projects were distressed and required Ms. Minchella’s experience and leadership to bring the projects to completion. Ms. Minchella is a respected consultant in the surety claims industry.

Mark Degenaars

Mark Degenaars, LEED GA

Managing Director, Construction Services

Mark Degenaars is the Managing Director of the Construction Services vertical within The Vertex Companies, Inc. He has been with VERTEX for over eight years with a primary focus as a consultant to the surety claims industry and private public developers. Mr. Degenaars brings over 20 years of project management, facility management, private / public development and construction experience to each assignment. Mr. Degenaars has successfully managed a large variety of projects ranging from various types of vertical construction to heavy highway / civil design projects. Mr. Degenaars has served as an expert and fact witness for a variety of projects. Prior to joining VERTEX, Mr. Degenaars owned and managed his own consulting firm for nearly a decade.

News

Boston University Center for Computing & Data Sciences Groundbreaking

December 10, 2019

Rendering image courtesy of KPMB Architects  On Thursday, December 5, 2019, team members from Compass Project Management, Inc., a wholly-owned subsidiary of The Vertex Companies, Inc., attended the official Groundbreaking Ceremony for the Boston University Center for Computing & Data Sciences.  Due to open in 2022, the center will be state of the art in…

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VERTEX's CEO, Bill McConnell, to Publish Fundamentals of Construction Claims Book

November 18, 2019

VERTEX’s CEO, Bill McConnell, recently executed a publishing agreement with John Wiley & Sons, Inc. (NYSE: JW.A) for a book titled, “Fundamentals of Construction Claims: A 10-Step Guide for General Contractors, Subcontractors, Architects, and Engineers.” The book is expected to be published by the Summer of 2020. Bill has a Bachelor of Science degree in…

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VERTEX Creates Master’s Programs for Employees in Partnership with CU Denver’s Engineering School

November 11, 2019

During a recent CU Board of Regents meeting, VERTEX’s Chief Learning Officer, Russell Fitzpatrick, and CU Denver’s College of Engineering, Design and Computing Dean, Martin Dunn, led a discussion about the success of their partnership and what made it possible. “VERTEX and CU share a vision for the future that incorporates a lifetime of learning…

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VTX Consulting Services Celebrates 6 Years

October 29, 2019

VTX Consulting Services Inc.8750 Holgate Crescent Milton, ON L9T 0K3 VTX Consulting Services Inc. (VTX), the Canadian subsidiary of The Vertex Companies Inc., is celebrating 6 years. Since 2013, VTX has continued to grow its operations, expanding expertise in all service areas and remaining committed to achieving the highest levels of service for clients. Headquartered…

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VERTEX Awarded ENR Mountain States Best Small Project of 2019 for SugarSquare

October 17, 2019

VERTEX is proud to be part of the ENR Mountain States 2019 Best Small Project winning team as the structural engineering consultant on the SugarSquare project in Downtown Denver, CO. Congratulations to Urban Villages, Semple Brown Design, P.C., Jordy Construction and IMEG Corp. (formerly MKK Engineers). SugarSquare is a four-story, 11,400-sq-ft building in Denver’s LoDo…

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Blog

International Contracting - What Contractors Need to Know

December 10, 2019

The opportunity to work overseas can be exciting, lucrative and, frankly, challenging. One key to success is to ask the right questions and know the requirements as you plan, staff, work, and, ultimately, complete your project outside of the United States. You may already be aware of some of the challenges of doing business overseas….

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What is an Expert Witness and how can they help me?

March 5, 2019

With the continued growth in litigation over the past several years, VERTEX has seen a steady increase in expert consulting work to support our clients. VERTEX has been retained to act on behalf of plaintiffs and defendants in regards to liability and damages. The main goal of expert consulting is to add value to the…

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The Implications of Pacing Delays for Construction Projects

September 26, 2018

What is a pacing delay? A contractor may slow its pace of work after identifying forthcoming owner-caused delays to the critical path. Similarly, an owner may decide to decelerate its rate of production for tasks it is responsible for on the project if it foresees critical path delays which are the fault of the contractor….

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The Challenge of Proving Causation in Construction Productivity Claims

September 20, 2018

What are construction productivity claims?  Construction productivity claims usually involve a contractor’s argument that the actions or inactions of a project party have adversely affected its productivity rate. A claim analyst must gain a thorough understanding of the consequences of those actions or inactions as well as insight into the circumstances under which the claim…

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10 Steps to Performing a Construction Delay Analysis without a Project Schedule

July 17, 2018

Contractors frequently come to us to help prepare a delay claim in order to recover damages allegedly caused by an owner or subcontractor on a construction project. Not so frequently, they inform us there isn’t a formal project schedule or any updates that would normally be used to demonstrate the claimed schedule impact. While not…

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