Claims, Evaluations and Arbitrations

Claims and Litigation Consulting

• Owners
• Contractors
• Engineering Firms
• Architects
• Governmental Agencies
• Financial Institutions
• Shipyards
• Insurance Companies
• Corporate Entities
• Legal Counsel

IGCCO Consulting works with our clients in the preparation, presentation, and evaluation of all types of construction claims and disputes.

IGCCO Consulting's engineering and construction consultants have extensive experience in both public and private sector projects. Our consultants have assisted clients with the successful resolution of claims in dispute.

Claim Evaluation / Preparation / Resolution

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.

IGCCO 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

IGCCO 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, IGCCO 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, IGCCO Consulting can identify liability, quantify damages, and assist in resolving the dispute in a timely and cost effective manner

Construction Defect Analysis

We examine structures, materials, systems, designs, installation sequencing, and practices to uncover the cause of a problem and determine responsibility. Our experts investigate problems and advise our clients of the cause, solution, and estimated costs associated with the corrective actions.

Industries Served:

IGCCO Consulting investigates and analyzes causes and liabilities relative to construction defects for:

• Owners
• Developers
• Municipal and State Building Agencies
• Contractors
• Subcontractors
• Associations
• Insurance Companies

Our skilled professionals have highly specialized knowledge and experience that has proven invaluable to clients at all stages of construction and in all construction industry sectors. With an array of technical and commercial expertise, we put our services to work for clients on complex projects around the world.

IGCCO Consulting offers a comprehensive array of construction defect-related services. Our experts have years of experience in the construction field. IGCCO's services include, but are not limited to, the following:

• Coordination of On-Site Destructive Testing
• Construction and Design Defect Analysis
• Building Inspection
• Plan and Specification Review
• Construction Cost Estimation (Pre and Post Construction)
• Industry/Regulation/Code Compliance Studies
• Project Planning and Management
• Design Supervision
• Construction Administration
• Repair Recommendations
• Coordination of Experts

CPM Schedule / Delay analysis

When working for contractors, IGCCO Consulting prepares fragnets and performs construction delay analysis in accordance with contractual requirements, industry standards, and court-appointed methodologies.

When working for owners, IGCCO Consulting analyzes the quality of contractors' schedules in terms of the mechanics and proper construction of the CPM logic. We also evaluate contractors' schedules in terms of their use as a management tool. When contractors submit delay claims, IGCCO Consulting evaluates the quantification of the claim and assists owners in responding to the claim.

In addition to our knowledge and expertise, IGCCO Consulting uses proprietary analysis software and systems, as well as standard industry software, in the preparation and analysis of schedule delay claims. These standard programs include:

• Primavera ®
• Claim Digger ®
• SureTrak ®
• Microsoft Project ®

Damages Quantification / Evaluation

• Damages cause and effect
• Direct damages (labor / material / equipment / subcontract)
• Extended project costs (general conditions / general requirements)
• Expanded project costs
• Labor productivity loss / disruption
• Cost escalation
• Home office overhead costs

In addition to the types of damages indicated above, IGCCO Consulting's CPA and MBA experts are equipped to quantify, evaluate, and address general business damages. Our additional damages related services include:

• Accounting malpractice
• Asset valuations
• Breach of contract claims
• Business interruption
• Purchase price disputes
• Business valuations
• Bankruptcy
• Complex financial transactions
• Director and officer liability
• Economic modeling
• Fraud investigations
• Insurance claims
• Lender / Borrower disputes
• Product liability
• Problem loan assessment
• Profit analysis
• Fidelity bond claims

Labor / Productivity Analysis

When losses are suffered, additional labor costs can be the largest element of those losses. Labor overruns can be attributed to numerous causes and factors. One such cause which is commonly a point of contention between owners and contractors is direct labor productivity loss. Proving and pricing lost productivity claims can be a difficult task. However, if certain basic fundamentals are present, accepted methods of analysis do exist. Additionally, from an owner's perspective, analyzing and responding to a contractor's productivity claim can be a difficult process.

IGCCO Consulting has prepared and analyzed hundreds of productivity claims totaling hundreds of millions of dollars. Our productivity experts have been certified by courts and panels as experts in the field of labor efficiency and productivity loss. We have in depth knowledge of productivity tracking and controls, impacts, industry studies, and quantification techniques. These techniques include:

• Total cost claims
• Modified total cost claims
• Industry studies (MCAA, CII, etc.)
• Measured Mile Analysis
• Discrete tracking and pricing of events

IGCCO's experts have prepared and analyzed claims, negotiated on behalf of our clients, presented in mediations, and testified in arbitration and in court on matters involving labor efficiency and productivity loss.

Risk Evaluation / Analysis

As construction and engineering projects increase in complexity, the magnitude of risk involved for owners, contractors, architects, engineers, investors, and financial institutions increases the possibility of negative impacts and damages on projects. IGCCO understands this potential. Our construction professionals adapt to the continuously changing engineering and construction industries while maintaining proven practices and procedures throughout the construction process. IGCCO's risk management team identifies and provides detailed comprehensive analysis of potential project impacts by utilizing the following techniques:

Risk Management Techniques

• Decision Risk Analysis
• Monte Carlo Simulations
• CPM Schedule Analysis
• Quantifying Expected Values and Modeling Risk Profiles
• Decreasing Risk Aversion
• Due Diligence

Risk Management Assessments

• Risk Identification
• Contract and Specification Requirements
• Constructability Review
• Budgetary and Final Project Costs
• Schedule Acceleration
• Change Order Identification and Approval
• Request for Information (RFI) Assessment
• Construction Methodology
• Delays and Disruptions
• Damages Assessment

Project Review and Audit

When appropriate or necessary, it is critical for a final construction audit to take place to ensure that the construction costs billed by the contractor and payments made by the owner are appropriate and in accordance with the agreements between the parties and customary industry practice.

IGCCO Consulting's construction audit services assist clients with the identification of actual and potential overpayments, overcharges, failures to recoup reimbursable expenses, etc. that may occur as a result of oversights due to the complex inter-relationships of contracts and the massive amounts of paperwork involved in the various transactions.

IGCCO's construction professionals have audited some of the domestic and international projects in the world. Our team of construction managers, engineers, architects, and CPA and MBA professionals is uniquely qualified and capable of accurately performing the most complex construction audits and communicating our findings in a clear and meaningful manner.

Litigation / Arbitration / Mediation Assistance

Asset Valuation and Appraisals

Typical engagements may include:

• Built-in gain analysis
• ESOP valuations
• Fairness opinions
• Financing valuations
• Fixed asset management
• Gift and estate tax valuations
• Goodwill and other assets
• Impairment testing
• Intellectual property
• Transfer pricing

IGCCO Consulting does not opine on the value of real estate or industry specific assets (machinery, etc.). Individual asset valuations are heavily influenced by local situations and are better left to local experts.

Business Consulting

• Board of directors and executive management
  • IGCCO offers individual counseling and mentoring in the challenges of effective organization leadership.
• Strategic market evaluation
  • Macro economic analysis of specific products and industries.
• Process/Project audits
  • Compliance, statutory, and efficiency audits on an ongoing and post completion basis.
• Productivity analysis
  • IGCCO specializes in the identification, quantification, and corrective actions required to integrate individual actions/tasks to customer/system goals.
• Profitability Analysis
  • IGCCO's industry specific consultants can review, recommend, and implement the necessary actions to ensure consistent, long-term profitability of an organization