An independent consultant is often brought onto the scene in order to conduct a construction claims analysis. He or she may provide insight and information for the party who is being sued or the party who is pursuing a case against the other side. A construction claims analysis helps inform the party that retained the services of the consultant about the strength and weaknesses of their case involving workers’ compensation, structural failure, breach of contract or other construction claim.
Analysis of Documents
If the claim is based on a contract, the consultant will begin the analysis by carefully reviewing these documents. Contracts may include important provisions regarding the distribution of liability, the delegation of certain tasks or indemnification. If the case is involving structural failures or work accidents, the consultant may review industry standards, OSHA regulations and other standards established internally and by third parties.
In steel contracts, there are often changes that are made that may affect the scope of the work. A consultant can review all documents related to these changes and information about conversations that were not committed to paper. For example, the consultant can review plans that showed design changes and revisions. He or she can also assess responses for Requests for Information.
Additionally, a consultant can go over documents and statements regarding overtime, provisions regarding the payment of overtime wages and any claims regarding lack of work. The consultant will want to know whether any work was suspended and the reason for these delays.
The consultant may also analyze the work environment for safety hazards, changes, delays and other abnormalities that may have affected a particular claim. For example, there may be a large disparity between the amount of materials used and that included in the bid. Additionally, deliveries of steel may have been truncated, potentially causing issues for workers and managers.