Risk and Dispute Advisory Services
Construction is well known for the risks associated with unanticipated events and conditions. If not properly managed, disputes stemming from these issues can derail the project outcome for all participants. MBP understands the nature of these risks and can assist clients in navigating them to avoid costly litigation. Our Disputes + Investigations team helps clients evaluate emerging issues, understand potential exposure, and pursue practical strategies before disputes escalate.
MBP offers a number of advisory services aimed at achieving equitable resolutions and successful project completions:
- Independent risk assessments
- Claims management
- Facilitation
- Project governance and stakeholder support
Independent Risk Assessments
When a project begins to experience lagging progress, unanticipated changes, budget overruns, or other impacts, it is beneficial to conduct an independent risk assessment to put measures in place to proactively recover or mitigate them. MBP leads these assessments, gauging current project status and evaluating the reasonableness and accuracy of current project schedules and budget forecasts. Through its investigation, MBP identifies current project challenges and assists the project team in developing risk mitigation strategies.
Claims Management
Construction projects often encounter changes that must be incorporated in the performance of the work. MBP assists clients with both preparing requests for change and evaluating them when received from others. MBP works with clients to prepare change proposals, requests for equitable adjustment, and claims that are reasonable, accurate, and supportable. This includes establishing contractual entitlement to recover costs and time, quantifying claimed amounts through industry-recognized methodologies, and assembling supporting documentation. MBP also develops visualization tools and presentations to make submissions clear and easy to understand.
Our team evaluates claims from both technical and financial perspectives, integrating schedule analysis, cost evaluation, and financial damages considerations to provide a more complete understanding of project impacts.
For our clients who have received change proposals, requests for equitable adjustments, or claims, MBP provides comprehensive reviews to evaluate the validity of the requests. MBP examines whether the analysis methodology is acceptable, a contractual basis for the request exists, and the contemporaneous documents support the impact that is asserted.
MBP also can develop its own independent analyses of the impacts, assist in the development of mitigation strategies to potentially avoid or reduce impacts yet to be incurred, and assist the project team to achieve a mutually acceptable resolution.
Facilitation
Given the complexity and risk associated with construction, it can be challenging to navigate complex issues and changes. Project teams may require an independent voice to facilitate difficult discussions and assist the team in arriving at shared project success. MBP offers clients a team of independent facilitators to assist project teams with resolving contentious issues, negotiating large or complex changes, developing schedule recovery strategies,s and other topics. MBP’s facilitators can also offer partnering workshops to reset relationships and improve communications.
