Expert Analysis

MBP provides expert analysis and testimony to assist clients in navigating construction disputes. Our experts combine real-world construction expertise with specialized expertise in schedule delay, cost impacts, and financial damages and forensic analysis. Our support takes multiple forms:

• Issue assessment
• Damages analysis and forensic accounting
• Labor productivity analysis
• Schedule delay and acceleration analysis
• Standard of care assessment
• Building Performance Assessment and mechanical construction defect analysis

Issue Assessment

MBP delves into the details to assess the issues that impact a project. We examine contractual requirements and responsibilities of all parties. We review contemporaneous records to understand the parties’ conduct during construction. With an in-depth investigation of events and documents, we assess entitlement and responsible parties. From there, we quantify that impact, whether it be cost, schedule, or both. Our analyses focus on clearly establishing what occurred, why it occurred, and how those events translated into project impacts.

Damages Analysis

MBP understands the potentially far-reaching financial impact disputes can have. We examine all elements of financial loss to quantify damages and investigate correlations with disputed issues. Our financial damages and technical or delay experts routinely collaborate on projects to ensure complete coverage of client needs. Our team evaluates both the technical drivers of project impacts and the resulting financial consequences to develop clear, defensible damages analyses. These damages can take multiple forms:

• Labor cost impacts, including labor productivity losses
• Non-labor impacts, including idle equipment, escalation, materials delivery/procurement disruptions
• Indirect cost impacts such as site overhead, general conditions, and general and administrative costs
• Consequential impacts, such as lost profits and lost business opportunities
• Owner impacts either via liquidated damages or specific analysis of categories such as loss of use or additional staffing costs

Labor Productivity Analysis

MBP recognizes that unanticipated issues can affect a workforce’s ability to progress work as planned. This can result in overruns in labor hours and labor costs. MBP examines planned and actual labor hours by reviewing contemporaneous project records to identify any impacts on labor productivity. Using industry-recognized methodologies, we quantify the hours of labor lost and the associated labor costs. We examine not only the extent of labor losses but also their causes, including delays, disruptions, changes, third-party actions, and other factors.

Schedule Delay and Acceleration Analysis

MBP evaluates schedule impacts using industry-recognized schedule analysis methodologies. We examine schedule performance through the contemporaneous project records and contract requirements. MBP identifies and quantifies schedule impacts, delays, and accelerations, as well as the causes of those impacts and the responsible parties. We examine the recoverability of delay damages by assessing compensability and concurrency.

Standard of Care Assessment

When the standard of care of industry professionals is at issue, MBP provides expert opinions on the conduct and performance of parties during the planning, design, construction, commissioning, and closeout processes. We examine contractual requirements to understand roles and responsibilities and review the contemporaneous project records to assess actual conduct. Our analysis of standard of care evaluates actual performance against industry best practices and contract requirements to assess the reasonableness of the conduct. MBP also quantifies the impact associated with the actions of the parties.

Building Performance Assessment

With the ever-increasing complexity of building systems, disputes arise over the performance of building systems. MBP provides expert opinions on building performance, especially mechanical systems, including assessments of how the building systems are operating, any deviations from contract requirements, and the causes of such deviations. Through an investigation of the project records, MBP identifies the parties responsible for such deviations.

Litigation

We at MBP recognize that some construction disputes cannot be resolved at the project level and will ultimately be resolved through the courts and boards. We are prepared to support clients with expert testimony and litigation support. MBP experts can also support client needs in alternative dispute forums such as mediation, arbitration, and dispute review boards. We offer our services and experience as third-party neutrals to facilitate dispute resolution.

Expert Testimony

Our team of recognized testifying experts provides their expert opinions in various dispute forums:

• Mediation
• Arbitration
• Dispute Review Boards
• Local, State, and Federal Courts
• Boards

MBP employs industry-accepted methodologies to perform its expert analyses. We have developed and rely on analytical tools and skill sets that enable us to examine problems and potential solutions from various viewpoints. We rely on our experience working with stakeholders of all types to provide opinions supported by project records and expert analyses.

Litigation Support

Our expert team’s work does not begin at a trial or hearing. MBP’s consulting team has significant experience supporting clients through all phases of litigation.

During discovery, we provide our clients with extensive data and document management required for any litigation. This includes assisting with document control and production and working with eDiscovery software of any type. We routinely assist counsel with discovery requests, responsiveness reviews, the review and identification of relevant documents for the expert and legal team, support for fact and expert depositions, and support for dispositive motions and motions in limine.

In relation to a trial or hearing, our experts are well-versed in supporting pre-trial briefings, preparing demonstrative exhibits for expert testimony, identifying exhibits for and supporting the cross-examination of fact and expert witnesses, and supporting the direct examination of fact and expert witnesses. If needed, MBP experts support post-trial or hearing briefs by identifying testimony and exhibits.

Third Party Neutrals

With our extensive experience as designers, contractors, owners, and construction project managers, we bring a unique perspective as third-party neutrals. We understand the complexities of design and construction and can be a valuable asset to help clients achieve resolution, serving as:

• Mediators
• Dispute Review Board Members
• Arbitration Panel Members