CONTECH

                                                                                                                                                                                                        CONSTRUCTION TECHNOLOGIES CONSULTANTS, INC.

 
 
 
 
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DISPUTE RESOLUTION SERVICES
CONTECH’s services are aimed at managing risk by minimizing the potential for losses associated with engineering -construction projects, beginning with the planning stage, through design development and actual completion of construction, including performance testing of the facility.
 
Avoidance.
CONTECH’s approach provides a wide range of risk management services for preventing and resolving potential disputes including:
  • Preparation of project plans and contract conditions
  • Defining the physical and technical scope of work
  • Pragmatic risk allocations between participants
  • Wrap-up insurance programs for participants
  • Partnering and promoting teamwork
  • Constructability reviews
  • Contract forms and dispute resolution clauses
  • The project neutral, dispute review boards and standing arbitrators
  • Alternative dispute resolution methods, binding and non binding
CONTECH has assisted owners, engineers, contractors and others in the preparation of risk management plans.

 
Claim Disputes.
CONTECH’s assignments involve such matters as contract scope, timing of contract effort, design errors and omissions, and other actions that have an impact on contract performance and cost. Its claims experience involves diverse parties such as contractors, subcontractors, owners, sureties, product suppliers, banks, engineers, professional liability carriers and others. CONTECH’s experience can be generally grouped as follows:                                                                     
 
  • Delays when an owner, engineer or contractor has not kept to a predetermined schedule
  • Disruption when a contractor cannot perform the work in the manner planned
  • Changed Conditions when data furnished differs from the conditions actually encountered
  • Changes in Scope when there are increased costs as a result of changes to plans and specifications
  • Terminations when there are insufficient funds or unsatisfactory performance or prolonged suspensions
  • Surety Claims where there is a payment or performance bond exposure resulting from an alleged default
  • Property and Casualty Claims where damage or destruction of property involves disputed damages
  • Action over claims where an injury or death to construction workers gives rise to owner liability
  • Guarantee claims where the facility fails to satisfy performance testing and acceptance criteria
  • Warranty and Defective Construction claims involving defective materials, workmanship or designs
  • Construction Manager Negligence where the construction managers gross negligence results in severe losses to its client

 
Services.
CONTECH provides a broad range of services to the petrochemical, process, surety, insurance, financial and construction industries with expert engineering, construction, financial and surety professionals selectively matched to meet the distinct requirements of each assignment.
 
Technical Analysis.
CONTECH’s technical staff routinely analyzes complex technical and design issues which often arise in connection with construction disputes. Its experts can independently evaluate issues such as whether or not a design or specification is defective or a differing site condition or whether an item is properly included in the contractors scope of work. CONTECH maintains a diverse staff experienced in the engineering and design process including planning and control, forensic investigations and remedial designs.
 
Construction Means, Methods and Techniques.
CONTECH’s staff routinely analyzes the construction means, methods and techniques used to execute the work; workmanship and materials, the application of labor and equipment, the contracting approaches, and supervision including safety, cost control and planning.
 
Claims Analysis.
CONTECH provides expert assistance in resolving construction and surety disputes in the areas of claims analysis, litigation support and expert testimony for items such as:
  • Delay claims
  • Disruptions 
  • Changed Conditions 
  • Changes in Scope 
  • Terminations 
  • Extra Work Plus Impacts 
  • Cardinal Changes 
  • Accelerations 
  • Productivity Loss and Measured Milestones
  • Construction Defects
  • Warranty Issues

 
Schedule Analysis.
CONTECH provides scheduling experts skilled in the art of critical path method scheduling techniques. CONTECH routinely prepares courtroom-ready exhibits such as bar charts, charts comparing the planned versus actual utilization of labor, cash flow projections versus actual expenditures, or determining the status of where a project stands at a given point in time as compared to the planned progress. The experts are capable of determining compensable, non compensable and non excusable delays based upon techniques appropriate to the issues involved in the claim.

Establish the validity of the planned schedule and tie it effectively to the underlying job records -

  • As-planned v. As-built CPM schedules -
  • Planned v. Actual Manpower Schedules or Cash Flows -
  • Specific Causes and Effects -
  • Responsibility for Delay Events -
  • Dependency Relationships -
  • Reasonableness

 
Damages Analysis.
CONTECH provides expert assistance in resolving disputes in the areas of claims costing and damages issues including the cost of extra work, inefficiency and disruption costs, extended overhead, equipment costs, labor and material costs escalation, loss of use, diminished asset value, lost profits and increased financing cost, damage analysis, litigation support and expert testimony for:
  • Total Cost and Discrete Cost Approaches -
  • Job Cost Accounting Records and Contract Cost Audit -
  • Overhead (Eichleay Formula, Direct Cost, Specific Base, Occupancy and Other) -
  • Market Analysis -
  • Economic Damages and Mitigating Factors
  • Estimating
  • Change Order Cost Analysis

 
Litigation Support.
In addition to claims analysis, CONTECH provides support services to assist counsel during the course of litigation or arbitration. CONTECH can provide valuable help in many areas including:
  • Document Discovery and Requests 
  • Organizing Documents 
  • Preparing Issue Files and Document Retrieval 
  • Drafting Interrogatories 
  • Deposition Outlines 
  • Support Exhibits 
  • Questions for Adverse Witnesses 
  • Trial and Arbitration Support 
  • Trial Outlines 
  • Courtroom Exhibits 
  • Follow-up Questioning 
  • Photo and Video Documentation 
  • Document Actual Status 
  • Defective Work
  • Expert Reports

 
 
Strategies.
Working closely with the client’s attorney, CONTECH provides strategic planning for claims disputes. It is experienced and knowledgeable of the complex and high-stakes process, the issues, the industry, what needs to be done and how to do it. CONTECH has provided its clients with expert advice on the requirements and the key issues surrounding the preparation or defense of a major claim.

CONTECH’s strategy begins with:

  • Gathering the general information surrounding the claim
  • Performing preliminary exposure vs. cost analyses
  • Analyzing technical, construction or other issues
  • Assessing the strength and weaknesses; analyzing exposure
  • Defining objectives and approaches to proof
  • Identifying information requirements, sources and collection methods
  • Identifying resource requirements, and preparing budgets for its work plan