Claim Evaluation / Preparation / Resolution

Despite industry efforts to reduce claims by using partnering and alliances, or more subtle methods involving program managers, project sponsors, and others to head off disputes, construction claims appear to be increasing in most industry sectors.

Construction Contracts often contain provisions that govern how the parties will resolve disputes. For example, the AIA A201 requires that all claims between the owner and the contractor be submitted to the architect prior to furthering the dispute to mediation, arbitration, or litigation. Contracts commonly contain provisions that require the parties to mediate or arbitrate their disputes. For example, A201 requires that claims be submitted to the architect and then mediation prior to arbitration. The following is an excerpt from the A201:

4.6.1 Any Claim arising out of or related to the Contract… shall, after decision by the Architect or 30 days after submission of the Claim to the Architect, be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation.

Synergen Consulting serves clients in the construction industry with the preparation and analysis of construction claims. Our construction industry professionals assist in the resolution of construction disputes at all stages. We work with owners, contractors, engineering firms, architects, government agencies, financial institutions, shipyards, insurance companies, and their legal counsel in the preparation, presentation, and evaluation of all types of construction claims and disputes.

Our construction claims and litigation services include:

Claim Evaluation/Preparation/Resolution

• Scheduling, including:
  - Critical Path (CPM) Scheduling
  - Schedule Development
  - Schedule Status/Update/As-Built
  - Schedule Delay Analysis
• Damages Quantification/Evaluation
• Labor/Productivity Analysis
• Disruption/Impact Analysis
• Design/Construction Performance
• Position Presentation/Negotiation
• Risk Evaluation/Analysis
• Project Financing Analysis
• Project Review and Audit
• Computer Applications/Graphics/Multimedia
• Education/Seminars
• Litigation/Arbitration/Mediation Assistance

Synergen Consulting’s engineering and construction consultants have extensive experience in both public and private sector projects. Active project skills include estimating, project management, scheduling, cost accounting and control, procurement, engineering and design development, project start-up, and project close-out. Our consultants have assisted clients with the successful resolution of hundreds of claims totaling several billion dollars in dispute.

In the unfortunate event a construction claim does occur, Synergen Consulting is equipped to provide ongoing support in assessing or validating a party's entitlement and quantification of damages. By analyzing the construction contract and the parties' performance throughout the construction duration, Synergen Consulting can identify liability, quantify damages, and assist in resolving the dispute in a timely and cost effective manner.