Let’s face it – resolution of construction disputes and litigation can be costly. Construction is well known for the risks associated with unanticipated events or conditions. If not properly managed, disputes stemming from these issues can destroy the outcome of a project for all participants. There is no substitute for accurate fact finding and analysis by an experienced construction professional as the first step in avoiding and resolving disputes.
MBP’s team of engineers and construction management professionals can provide accurate analysis of disputed issues, impacts, delays, acceleration, and damages. Our major objective is to analyze what was required by the contract, what happened and why, and to provide an unbiased opinion on the causes and effects of the disputed issues.
Our construction dispute resolution capabilities are tailored to serve private and public owners, designers, contractors, developers, and attorneys on a wide range of project sectors including transportation, building, plant, environmental, and utilities projects. We often assist in the resolution of construction disputes as third-party neutrals, mediators, and dispute resolution board members; all forms of dispute resolution that are offered as alternatives to construction arbitration or litigation.
This is the preliminary evaluation of the merit of claims and includes identifying specific strengths and weaknesses, discussions with project staff, preliminary review of available records, and theory and strategy development for claim review/counterclaim preparation.
In this second phase, we research key issues and claims, prepare schedule analyses to identify delays and acceleration, and quantify productivity impacts and corresponding losses.
During this phase, we present our detailed analysis through written reports, graphics and briefings. This phase may end with a negotiated settlement, the decision by both parties to arbitrate or mediate the dispute, or the filing of an expert report with the appropriate court.
During this final phase, we provide pre-trial, trial, and post-trial services coordinated with counsel, including expert testimony as required.