Anyone experienced in construction knows that time and resource pressures can often throw up unexpected challenges resulting in delays and cost overruns for contractors. These can give rise to construction claims which can cause substantial problems, and can easily disrupt an otherwise successful project. How you respond to such a situation can make all the difference to the overall success of the project.
Here at Kendall-Dinielli Consulting, our construction consultants are well equipped to assist you with any claims or disputes which occur in the course of a construction project, to supply continuing assistance in evaluating and responding to a party’s entitlement, assessing damages and achieving a favorable resolution.
Identification and Analysis
The amount of documentation generated during the life of a project means that the identification and analysis of a claim can be overwhelming. Fortunately help is at hand.
At Kendall-Dinielli our consultants have in-depth experience and expertise in identifying construction claims. By applying up-to-date construction practices and drawing upon a wealth of personal experience, we can review the circumstances surrounding a case to determine whether or not the contractor has a valid claim to file.
Should a claim be identified, we have the knowledge, the experience and the tools to help you handle the situation effectively.
Kendall-Dinielli consultants have the experience, resources and tools to perform a detailed and comprehensive analysis and evaluation of the contractor’s situation and determine entitlement. Once entitlement is determined, whatever the type of claim, a precise and detailed quantification of the damages associated with it are critical to determining the way forward. As part of our service to clients, we can quantify the claim in question, assist in the preparation of substantiating documentation, and evaluate liability, causation and entitlement. We can review the contract documentation and the contractor’s cost accounting data to quantify the damages – time and money – that the contractor may be due. In this review, Kendall-Dinielli can determine what the supportable causal links exist between entitlement and quantum and prepare a presentation of findings to support the contractor’s claim.
Change Order Impacts
Change orders can easily have an adverse effect on the overall performance of a construction project, and additionally the cumulative effect of a series of changes can have a serious impact in terms of delay or disruption. These events are often hard to assess unless the appropriate} control systems have been installed to track the impact of the interruptions whether or not they are immediately apparent. Our construction consultants specialize in capturing the required evidence to establish causation and quantify delays and disruptions resulting from cumulative impacts from changes throughout construction. Kendall-Dinielli consultants are experts in assembling the information necessary to determine and calibrate delays and disruptions caused by changes during the project.
CPM Schedule Impact Analysis / Damage Analysis & Quantification
With present-day complicated construction projects, an understanding of the effects of project delays is of vital importance. Kendall-Dinielli scheduling consultants perform schedule impact analyses to identify, quantify and prepare schedule delay claims using the most current methods allowed by Courts and Boards of Contract Appeals. Our construction consultants have “hands on” construction experience, not just a working knowledge of how a CPM computer program works. We identify the issues that impact the contractors schedule, identify the source and responsible party and analyze the impact on the project, all in a timely and cost effective manner
Acceleration occurs when a contractor is instructed to perform all or a portion of its work prior to the planned completion date. This can often lead to increased costs for the contractor, whether in the form of overtime, increased crew size, extra shifts, a change in means and methods, or a mixture of these options or others.
No matter what type of acceleration, Kendall-Dinielli consultants can identify situations and quantify the acceleration costs incurred during the course of a project. Our construction consultants have enabled contractors to rightfully collect acceleration costs even when an acceleration directive has not been ordered by the Owner or higher-tier contractor.
Contract Suspension Impact and Analysis
Contract suspensions can cause confusion for contractors. Suspensions are often issued to contractors in times of uncertainty on the contract. Kendall-Dinielli’s consultants can help identify suspension impacts and quantify the costs associated with the suspension. We have assisted contractors recover costs associated with suspensions even in unusual contract situations, such as a suspension prior to the contract Notice to Proceed.
One of our principals was involved with the resolution of the case of Nicon, Inc. v. United States, No. 99-98-982C (Fed. Cl. Dec. 21, 2001) which enabled the contractor (Nicon) to recover suspension costs prior to the Notice to Proceed without using a Modified Eichleay formula. There is no current case law that allows the modification of the Eichleay formula for use as a method for calculating delay damages. Our consultant worked with Nicon’s attorney to settle the matter with the Department of Justice providing for fair compensation to Nicon for its delays. Full story here.
Loss of Productivity Evaluation
The financial success or otherwise of a construction project for both contractors and owners often depends on the built in labor productivity rates actually being achieved.
It is a matter of fact that when a project incurs losses additional labor costs can be the largest component of those losses. Labor overruns can be accounted for by many different causes. One cause is often disputed between owners and contractors is direct labor productivity loss claims. Demonstrating and quantifying lost productivity claims can be a difficult task, but one that is well within the expertise of Kendall-Dinielli consultants who have sound knowledge and experience in labor efficiency measurement and control, the application of industry studies and quantification techniques.
Our professional staff has prepared successful loss of productivity claims for contractors and the methods we use are consistent with methods allowed by Courts and Boards of Contract Appeals in awarding loss of productivity damages to contractors.
Claims Preparation & Presentation
If it is decided that assembling a claim is the best plan of action, Kendall-Dinielli consultants possess the expertise, the knowledge and the experience to assist you in preparing and presenting the claim in a way that will maximize your prospects for recovering losses. Whatever the nature of the claim we will prepare a thorough analysis of the project narrative and documentation, together with compelling written and graphical presentations in support of your position.
Kendall-Dinielli has prepared hundreds of claims for contractors – most of which are settled without litigation. We prepare our claims using justification methods that are accepted by Courts and Boards of Contract Appeals. Our construction consultants have assisted attorneys for litigation support and for consulting on technical issues such as FAR Part 31 Cost Principles, claim quantification justification and litigation strategy.
Dispute Avoidance or Resolution
We have been able to assist clients avoid litigation, or even avoid disputes altogether by deployment of our experience and expertise. Here are three key areas in which clients have benefited from Kendall-Dinielli support:
A third party review of a situation can provide a whole new perspective to a situation. Kendall-Dinielli consultants can provide an unbiased third party review of a situation and provide recommendations and strategies to the contractor to effectively communicate the situation to the owner to help avoid disputes.
Alternative Dispute Resolution
The FAR provides for alternative dispute resolution to resolve claims and other disputes on government contracts. Many contractors, contracting officers and attorneys are unaware of the existence of the clause.
Mediation and Arbitration
Our construction consultants have participated in many mediation and arbitration proceedings with favorable results for our clients.