Claims Consulting and Litigation

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Construction claims and disputes are costly, time-consuming, and threaten project viability. The Swaney Corporation-Crowe Construction provides comprehensive construction claims and litigation support to project owners, insurance companies, contractors, and sureties. Our expertise is focused on providing the detailed, data-driven reports necessary to achieve fiscal recovery, a mutually agreeable settlement in an effort to, minimize legal exposure.

The Core of the Dispute: Forensic Claims Analysis and Recovery

Our team begins by conducting a thorough review of project documents to advise and assist clients in developing a corrective action plan. We analyze, and prepare all necessary documentation for effective resolution.

Our Claims Expertise Includes:

  • Requests for Equitable Adjustment (REA) and preparation.
  • Surety Bond Claims investigation and analysis.
  • Loss of Efficiency and Productivity Claims analysis.
  • Detailed reports regarding construction deficiencies and damages.

Delay and Disruption Analysis using CPM Scheduling

Construction delays and disruptions often lead to significant cost overruns. We use advanced CPM Scheduling tools (Primavera P6), to accurately measure the impact of delays and establish the cause and extent of construction delays. This data is important for substantiating time extension entitlement claims.

Comprehensive Litigation Support and Expert Witness Testimony

Our primary goal is to promote settlement negotiations and keep disputes out of court. If parties fail to reach an amicable resolution, we offer support throughout the litigation process.

  • Settlement Advocacy: We actively assist in settlement negotiations to protect our clients’ best financial interests.
  • Expert Witness Testimony: We provide credible, construction-related expert witness testimony to support your case in court.
  • Supporting Documentation: We assist in researching and providing documentation to back up your claims with an unshakeable technical foundation.

 

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Secure Your Financial Recovery and Minimize Legal Risk

Handling a construction claim is a frustrating, complicated process. Partner with The Swaney Corporation-Crowe Construction for expert communication and continuous project updates from our committed professionals.

Contact us today for a consultation on your construction claim, surety bond, or litigation support needs.

 

Frequently Asked Questions about Claims Consulting & Litigation Support

We provide comprehensive forensic analysis. This includes performing Forensic Schedule Analysis (FSA) using CPM and Primavera P6 data to accurately quantify the delay, identify the responsible party, and calculate the financial damages (e.g., loss of efficiency or productivity). We then prepare a detailed Time Impact Analysis and/or Requests for Equitable Adjustment (REA).

Our primary goal is claim avoidance and amicable resolution. We strongly promote and assist in settlement negotiations and arbitration processes to keep disputes out of court, which saves time and money. We only step in for full litigation support if a mutual settlement cannot be reached, at which point we serve as expert witnesses and provide technical testimony.

The role of our Expert Witness is to provide the judge, jury, or arbitrator with objective, impartial, and technical insight into complex construction matters, such as schedule impacts, construction defects, or industry standards of care

A Surety Bond Claim involves a three-party agreement (owner, contractor, and surety) used to guarantee the contractor’s performance and payment obligations. We assist clients by conducting thorough investigations and evaluations of these claims (both performance and payment bonds). Our expertise helps determine the surety’s liability and guides the necessary steps for project completion or financial recovery.

We specialize in analyzing complex, data-driven claims, including:

  • Schedule Delay Claims (using CPM analysis).
  • Loss of Efficiency and Productivity Claims.
  • Construction Defect Claims.
  • Disputes over Scope of Work and Change Orders.

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