Expert Analysis

MBP provides expert analysis and testimony to assist clients navigate construction disputes. Our support takes multiple forms:

  • Issue assessment
  • Damages analysis
  • Labor productivity analysis
  • Schedule delay and acceleration analysis
  • Standard of care assessment
  • Mechanical construction defect analysis

Issue Assessment

MBP delves into the details to assess the issues which impact a project. We examine contractual requirements and responsibilities of all parties. We review contemporaneous records to understand the conduct of the parties 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.

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. 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 impact the ability of a workforce to progress work as was planned. This can result in overruns in labor hours and labor costs. MBP examines planned and actual labor expended through review of the contemporaneous project records to identify any impacts to labor productivity. Using industry-recognized methodologies, we quantify the labor hours lost and the associated labor cost. We examine not only the extent of the labor losses but also the causes of these impacts to include delay, disruption, changes, actions of third parties and other causes.

Schedule Delay and Acceleration Analysis

MBP evaluates schedule impacts through the use of industry-recognized schedule analysis methodologies. We examine schedule performance through the contemporaneous project records and contract requirements. MBP identifies and quantifies any schedule impacts, delay and acceleration, as well as the causes of those schedule impacts and the responsible parties. We examine the recoverability of delay damages through an assessment of 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, to include an assessment of how the building systems are operating, any deviation from contract requirements, and the causes for such deviations. Through an investigation of the project records, MBP identifies the parties responsible for such deviations.


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

Expert Testimony

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

  • Mediation
  • Arbitration
  • Dispute Review Boards
  • Courts and Boards

Litigation Support

MBP provides our clients with the extensive data and document management litigation requires. This includes assistance with such tasks as document control, discovery responses and production, and exhibit preparation.

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