Dispute Resolution Services
Exponent’s dispute resolution professionals provide an independent and expert professional opinion with conclusions that are clear, concise and objective. Our professionals have testified in state and federal courts, in front of the Armed Services Board of Contract Appeals, in arbitrations, and presented at mediations and settlement hearings. In addition to performing as an expert or consulting witness retained by counsel in litigation, we are routinely hired by contractors and owners during the course of construction to work directly with the project teams to drive the timely resolution of disputes.
Our personnel have extensive experience in preparing and analyzing cost overruns and schedule delays for owners, contractors, architects, engineers and other parties. We have experience in a wide variety of industries including; oil and gas, power, hospitals, infrastructure and, commercial, residential and industrial facilities. We have analyzed contemporaneous project cost and schedule project data including bids, budgets, cost estimates, change orders and contract administration documents. The following are general categories of our Dispute Resolution Services:
- Claims Analysis, Preparation, and Defense
- Cost and Damages Analysis
- Time Extension/Delay/Acceleration Analysis
- Productivity Loss, Disruption, and Inefficiency Analysis
- Contract Termination Claims
- Builders Risk and Insurance Claims
- Expert Testimony, Reports, and Trial Assistance
Claims Analysis, Preparation, and Defense
Our integrated team of professionals provides the continuity in the fact-finding process, to connect the issues to the cost and schedule overruns, to enable our clients to make informed business decisions. We support the entire litigation lifecycle, from research and analysis to expert testimony at negotiation, mediation, arbitration, or trial.
Cost and Damages Analysis
Our cost professionals are familiar with a broad spectrum of claim pricing methodologies and have analyzed every aspect of cost impact, including direct and indirect costs, delay costs, overhead applications, time value of money, and consequential damages. Our experts also conduct project cost audits to determine if the project costs are reasonable and in line with approved and/or agreed upon amounts as defined in the contract.
Time Extension/Delay/Acceleration Analysis
Our schedule delay experts use the critical path method (CPM) to evaluate and resolve delay and acceleration claims. We have experience in the preparation and analysis of as-planned and as-built schedules, in addition to other industry and court-accepted delay methodologies to accurately assess a project’s as-built critical path. Our experts use the contemporaneous project records and independently assess the issues that occurred during the project and effectively present the results in reports and demonstrative exhibits.
Productivity Loss, Disruption, and Inefficiency Analysis
Lost labor productivity is often one of the more significant elements of damages in a construction dispute, and one of the most controversial is the calculation of lost labor productivity and inefficiencies. The damages are significant because, if proven, the monetary value of such a claim can be considerable. The primary reason a project loses money is often tied to unanticipated labor costs resulting from less-than-anticipated productivity. Our cost professionals use the contemporaneous project records to evaluate the issues impacting labor productivity.
Contract Termination Claims
Our construction consultants guide clients through the termination process and assist in protecting their interests throughout the process. For any alleged cause of termination, Exponent will evaluate on a point-by-point basis any arguments put forth by the owner. Whether allegations exist of nonpayment, nonperformance, insufficient staffing, code, rule or law violations, poor workmanship, or breach of contract, Exponent will review project records to determine the facts and prepare a rebuttal. Exponent will assist in calculating costs associated with work performed, termination costs, overhead, and profit.
Builders Risk and Insurance Claims
Our construction professionals have assisted clients in preparing and defending large business insurance claims. We are retained by both policy holders and insurance companies. We prepare comprehensive, logical, and well-documented expert reports that are used for claims presentation or defense. We have served as testifying experts on many large insurance coverage litigation matters. We also assist our clients by analyzing business interruption impacts, and related costs, as well as performing maximum probable loss studies.
Expert Testimony, Reports, and Trial Assistance
Our expert witnesses are independent, objective, and use a fact-based approach to claims analysis and preparation, which has proven successful with all types of claims, clients, and projects. Our combination of technical expertise, construction experience, and testimony experience, provides our clients with a strong litigation team and a proven track record. We also provide graphics, videos and animations with interactive capabilities to assist our client during trial, arbitration or mediation.