Construction Dispute Resolution
The construction experts at Blue Marble Risk Solutions analyze complex construction dispute matters to prepare and evaluate construction claims as claims consultants; advise dispute resolution strategies as consulting experts; and deliver expert witness testimony for litigation, arbitration, mediation, and other dispute resolution forums.
Capital projects involve an intricate coordination of interdependent activities, resources, and stakeholders to fulfill three (3) primary project expectations: scope, cost, and schedule. When expectations either change or are not met during project execution, construction disputes can develop between owners, designers, contractors, and/or subcontractors concerning corresponding impacts. Once construction disputes materialize, stakeholders remain focused on their respective project objectives and often postpone the resolution of contract issues. When issues are left unresolved, collaboration between the parties deteriorates, the parties’ positions harden, and the possibility of resolving issues on a business basis continues to diminish. Unresolved construction issues frequently escalate to formal construction claims and/or alternative dispute resolution proceedings.
Once project issues escalate to construction disputes, a unique skill set is required for the complex process of analyzing project impacts, which includes isolating project failures, establishing cause-and-effect linkage, documenting root cause, and quantifying damages. The process of unraveling the complexity of capital project disputes requires a detailed understanding of the capital project life cycle; experience in a contract claims environment; and a tested strategy to identify appropriate analytical techniques, identify project failures, and focus substantiation efforts.
Blue Marble Risk Solutions’ consultants represent a range of experience from academia to industry, owners to contractors, engineers to executives, and industrial to commercial. Our blend of executive, field, academic, and consulting experience enables us to provide valuable insight tempered by years of practice. Further, Blue Marble Risk Solutions’ consultants have a thorough understanding of the principles, practices, and standards of care, known as industry best practices, that facilitate successful project execution. Our unique range of expertise and experience with best practice implementation translates into a proven ability to successfully analyze and resolve a full spectrum of construction disputes.
Building on our collective expertise and experience, Blue Marble Risk Solutions applies a targeted analytical approach to efficiently identify project failures and focus our analysis and substantiation efforts. Although financial reporting of project cost is where project impacts are realized, the project schedule is often the leading indicator of project issues, providing a comprehensive representation of actual events or circumstances that occurred during project execution. In this regard, our scheduling insight, combined with our unique understanding of industry best practices, facilitates solid and efficient dispute resolution analysis tailored to the facts of the case, the dispute resolution strategy, and the overall business objectives.
The construction experts at Blue Marble Risk Solutions understand the complex business challenges facing our clients and their legal counsel as disputes, claims, and other legal matters arise. As an integral part of the client/consultant/attorney team, our consultants analyze complex construction issues to prepare and evaluate construction claims as claims consultants; advise dispute resolution strategies as consulting experts; and deliver expert witness testimony for litigation, arbitration, mediation, and other dispute resolution forums. Through the collective experience of our construction experts and our in-depth knowledge of construction industry best practices and standards of care, we efficiently unravel the complexities of capital projects and present issues in a clear and logical manner. We facilitate equitable resolution of construction disputes via the following suite of dispute resolution services:
- Construction Schedule Analysis
- Construction Productivity Analysis
- Change Order Analysis
- Cumulative Impact Analysis
- Construction Cost Analysis and Damage Quantification
- Construction Claims Analysis
Along with performing expert analysis and providing expert witness testimony for negotiation, mediation, arbitration, and litigation, the construction professionals at Blue Marble Risk Solutions also serve in the following capacities:
- Project Neutral or Initial Decision Maker (IDM)
- Dispute Review Board (DRB)