Dedicated to avoiding, mitigating and resolving claims

Like it or not, disputes are inherent to the construction process. Often rooted in competing interests and misunderstandings, disputes may stem from countless reasons: badly drafted contracts, defective and poorly coordinated design, differing site conditions, engineering, submittal and procurement delays, delay and acceleration, work stoppage and termination, scope changes, poor management and workmanship, bad weather, and unsuccessful testing and startup.

Whether the disputes are justified or not, the claimed damages and litigation cost often escalate out of control, forcing the parties involved to expend valuable time, resources, and money to resolve them. While vast construction experience enables some owners or contractors to prevent disputes from escalating into claims, only a few have the in-house expertise, let alone the objectivity, to effectively resolve them without outside help.

That is where PGI’s involvement has consistently proven beneficial; often  preventing claims from materializing or markedly reducing their value through skillful resolution. Using the  the least expensive and less confrontational approach, we have consistently met our client’s objectives by successfully handling disputes: before, while, or after they occurr.

CLAIMS AVOIDANCE

Effective claims avoidance ideally starts at the bidding stage, and often spans through the construction close-out. By custom fitting our dispute management program to our clients’ organization and priorities, PGI has consistently prevented many disputes from surfacing and from turning into claims. To achieve this, PGI can assist you with:

• Training in claims avoidance and documentation to successfully resolve disputes
   

• Reviewing the bid package for controlling, sharing, or shifting risks
   

• Ascertaining that specifications and contract language unambiguously address scope and equitable dispute resolution
   

• Implementing controls to timely alert of deviations form schedule, budget, and quality criteria
   

• Devising a program to timely deal and equitably resolve change conditions

CLAIMS RESOLUTION

Regardless of how effective dispute management is, certain disputes may not be mitigated before they turn into claims at the conclusion of the construction process. It is at this juncture that we have consistently supported our clients and their attorneys in preparing and resolving the claims. To accomplish that, PGI can assist you with:

• Discovering and collecting information to determine the facts
   

• Comparing contractual requirements with the work performed
   

• Quantifying damages by evaluating bid estimates, cost, delay and disruption
   

• Generating expert report in either pursuit of or in defense against damages
   

• Participating in mediation, settlement negotiation and trials preparation
   

• Testifying at hearings in front of courts, boards or arbitration panels
   

• Preparing proposed findings of fact and briefs