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. MBP offers a number of advisory services aimed at achieving equitable resolutions and successful project completions:
When a project begins to experience lagging progress, unanticipated changes, budget overruns, or other impacts, it is beneficial to conduct an independent risk assessment so that measures can be put in place to recover or mitigate impacts proactively. 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.
Construction projects often encounter change that must be incorporated in the performance of the work. MBP assists clients with both the preparation of requests for change as well as the evaluation of those requests 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.
For our clients that 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.
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 to arrive at shared project success. MBP offers clients a team of independent facilitators to assist project teams with the resolution of contentious issues, negotiation of large or complex changes, development of schedule recovery strategies and other topics. MBP’s facilitators can also offer partnering workshops to reset relationships and improve communications.