What is Construction Contract Claims Damage Analysis?
Construction contract claims damages, commonly referred to as quantum, is the financial analysis of complex and often contentious projects.
The construction contract claims damages analysis is a process in the construction industry that involves the assessment and quantification of financial losses or damages incurred by one party (typically a project owner, contractor or subcontractor) as a result of events or circumstances that have disrupted or impacted the construction project. These damages can arise from various causes, such as delays, changes in project scope, design errors, unforeseen site conditions, breaches of contract, or other issues. Imperium Consulting Group possesses a wealth of experience establishing damages related to construction projects. This expertise spans both public and private projects. Our construction contract claims services include offering expert testimony and presentations during the dispute resolution processes, such as Alternative Dispute Resolution (ADR), as well as formal legal proceedings.
Our Construction Contract Claims Services include:
- Preparing or analyzing project damages for plaintiff as well as defendants.
- Delivering presentations and consultations at mediation proceedings.
- Offering expert testimony at arbitration and court legal proceedings, including deposition testimony.
Our Experience with Construction Contract Claims Damage Analysis:
Imperium Consulting Group has been engaged by various parties, including general contractors, subcontractors, design professionals, and project owners. Our proficiency in construction contract claims covers the following areas related to quantifying and analyzing damages:
- Managing, preparing, defending, presenting, and negotiating construction contract claim damages and change orders.
- Assisting in establishing project-level management procedures for change management, including tracking, documentation, contractual notices, and cost recording methods.
- Evaluating costs associated with labor and equipment inefficiencies (such as measured mile analysis) due to acceleration and disruption.
- Assessing delay damages related to field office overhead, home office overhead, and equipment standby.
- Identifying and linking cost overruns to causal events.
- Ensuring compliance with Federal Acquisition Regulation (FAR) requirements, including standard FAR clauses, Part 31 costing, and cost allowability and allocability.
- Adhering to industry-standard contract clause requirements, such as changes clauses, work suspension clauses, force account pricing, differing site conditions clauses (Type I and II), disputes clauses, and claim certification requirements.
- Documenting and establishing overhead rates for field office overhead, home office overhead, joint venture overhead allocations, in accordance with FAR or other contractual or industry standards.
- Determining and evaluating ownership equipment rates and appropriate utilization standards in alignment with FAR Part 31, the Corps of Engineers Regional Equipment Cost and Ownership Guides, and other relevant third-party cost recovery publications.
- Providing assistance with audit management and cost negotiations related to owner audits, including those conducted by the Defense Contract Audit Agency (DCAA).
Learn more about Imperium’s Construction Claims services