Construction litigation can quickly become complex and overwhelming. Knowing when to bring in specialized help can make the difference between a favorable outcome and a costly defeat when facing a construction dispute. Construction management consultants provide valuable technical knowledge that attorneys typically don’t possess.
Therefore, engaging construction claims specialists as early as possible provides the best opportunity to build a strong case.
Early Case Assessment
Bringing in a construction management professional during the early stages of litigation can significantly strengthen your position. These specialists can evaluate the technical merits of your case before you invest substantial resources in legal proceedings.
A construction consultant can review project details to identify strengths and weaknesses in your claim, helping you make informed decisions about whether to proceed with litigation or pursue settlement. This early assessment often saves time and money by focusing efforts on the most viable aspects of your case.
Document Review and Organization
Construction projects generate mountains of paperwork. Daily reports, schedules, change orders, emails, and meeting minutes can quickly become overwhelming during litigation. These documents are known in the industry as contemporaneous documents.
Construction Consultants are experienced in sorting and organizing these numerous contemporaneous documents. They are experts at locating and compiling documentation that will support your case. This adds invaluable depth to your claims when presenting to attorneys, mediators, or the court.
The difference between winning and losing a construction claim often comes down to documentation. Having someone who not only can locate pertinent documents, but also understands them, gives you a significant advantage in building a compelling case.
When Schedule Delays Are Central to Your Claim
If your case involves project delays, bringing in a scheduling specialist becomes essential. Construction scheduling professionals use sophisticated tools like Primavera P6 to analyze project timelines and determine responsibility for delays.
These specialists can perform several types of delay analyses:
- Time Impact Analysis
- As-planned vs. as-built comparison
- Window analysis
- Impacted as-planned analysis
Each method has different applications depending on your specific situation. A qualified consultant can recommend the most appropriate approach and execute the analysis professionally.
Construction Defect Investigation Support
When construction defects are at issue, professional investigation becomes crucial. Construction management consultants can:
- Conduct thorough site inspections
- Document existing conditions
- Compare work to project plans and specifications
- Identify deviations from building codes and industry standards
- Assist in estimating repair cost
These investigations provide objective, professional assessments that carry significant weight in settlement negotiations and court proceedings.
Settlement Negotiations
Many construction disputes settle before trial. A construction management consultant can significantly strengthen your position during settlement discussions by:
- Providing realistic assessments of damages
- Evaluating the technical merits of opposing arguments
- Helping your legal team understand reasonable compromise positions
- Assist in mediation and/or arbitration proceedings
- Presenting compelling visual evidence that supports your claims via programs such as power point presentations.
This specialized insight often leads to more favorable settlement terms than you might achieve without technical support.
Choosing the Right Consultant
Not all construction management consultants are equally qualified for every case. When selecting a professional, consider:
- Relevant experience in your specific type of construction
- Credentials and professional certifications
- Previous litigation support experience
- Communication skills
- Availability throughout your case timeline
The right consultant brings technical knowledge and the ability to clearly communicate complex concepts to non-technical audiences.
The Value of Specialized Support
Construction litigation involves technical complexities that general legal expertise alone can’t address. By bringing in qualified construction management professionals at the appropriate times during your case, you gain specialized knowledge that can significantly impact outcomes.
Whether you’re facing a delay claim, construction defect dispute, or other construction-related litigation, professional support provides the technical foundation that strengthens your legal arguments. The investment in specialized assistance typically pays dividends through improved case outcomes and more efficient litigation processes.
If you’re involved in construction litigation, consider consulting with a qualified construction management firm like The Swaney Corporation / Crowe Construction Inc. to evaluate how specialized support might benefit your situation through a one-hour consultation at no cost.