In today's complex and sophisticated construction industry, problems, disputes, and claims often arise between project owners and their contractors, engineers, and architects.  Such claims can significantly impact project cost, especially if the strongest possible case is not presented. Regardless of the outcome, the excess time and energy spent in preparing and settling a dispute are wasted resources.  MTB's project management expertise, applied early enough in your project, can help you avoid serious, costly disputes and claims.  If you're already in the midst of a dispute or facing a construction claim, we can help position you to achieve the most favorable outcome.

Claim Mitigation

The most effective manner of managing project disputes and claims is to minimize their possibility right from the start of the job.  MTB provides an organized approach to claim mitigation that includes:

  • Project scoping and definition;
  • Creation of efficient subcontract packages;
  • Subcontractor prequalification;
  • Implementation of a strictly defined bid and award process;
  • Cost, schedule, and contract review;
  • Constructability and value engineering reviews;
  • Project and construction management oversight; and
  • Systematic documentation and filing of project events.

Dispute Resolution

Dispute resolution starts with having a controlled procedure for managing conflict and disputes – in the field – before the matter lands on your attorney's desk.  MTB can review your project and organization to recommend and implement a resolution process that works for all involved parties.  Our resolution systems use a mix of investigative techniques and collaborative problem solving to quickly get to the heart of the problem and work out solutions with team members.  Dispute resolution includes:

  • Development of dispute resolution contract language;
  • Development of project dispute/conflict resolution procedures;
  • Conflict resolution management;
  • Dispute evaluation and entitlement analysis;
  • Cost/damages analysis; and
  • Mediation and arbitration support.

Litigation Support

If you should find yourself facing a legal claim, MTB's litigation support can help to build the strongest case possible.  We will provide you with solutions to facilitate favorable settlements and achieve positive and cost-effective results.  We streamline the process by:

  • Managing claim documents, organizing facts and essential details;
  • Reviewing and summarizing contract documents;
  • Auditing financial reports;
  • Identifying and justifying critical assumptions;
  • Preparing and presenting claim positions; and
  • Preparing courtroom exhibits.

Constructability Review

Multidisciplinary constructability reviews early in a project during the design process pay dividends as team members come together to review, refine and understand the project scope of work.  Refinements yield improvements in materials and methods.  The result is a better facility, lower costs, and an improved schedule.  Constructability reviews consist of:

  • Construction discipline involvement during project design;
  • Detailed project scope review;
  • Detailed review of construction plans and specifications;
  • Execution plan development and review;
  • Detailed schedule and budget review; and
  • Development of identified alternatives.

Claim Evaluation, Preparation and Defense

Claim evaluation starts with an overview of the project history, its participants and contract structure, as well as a comprehensive review of pertinent documentation.  Claim evaluation, preparation, and defense includes:

  • Issue identification and investigation;
  • Detailed entitlement analysis;
  • Thorough damages analysis;
  • Schedule analysis;
  • Differing site conditions analysis; and
  • Contract change order analysis.

Differing Site Conditions Analysis

Differing site conditions claims arise on nearly every project simply because it is almost impossible to fully investigate a project site, especially on today's fast-track projects.  Through differing site conditions analysis, MTB can assist in sorting out what's real and what's not when it comes to these types of claims.  It starts with having solid contract language behind you, language that protects you and provides definition to the problem.  Other tools include a well-crafted and easily understood scope of work, an adequate site investigation, and effective construction management.

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