Litigation Support and Expert Witness Testimony

  • We provide expert witness testimony on scheduling, delays, acceleration, inefficiency or loss of productivity, and other impacts, along with the additional costs and damages that result from these items.

    Our testimony is based on an objective, impartial analysis of the project facts and information, and is grounded in industry-supported methods.

  • Our team has performed schedule and delay analyses for over 20 years, and have used or critiqued the following analysis methods:

    • Contemporaneous Period Analysis

    • Windows Analysis

    • Bifurcated / Half-Step Analysis

    • Prospective and Retrospective Time-Impact Analysis (TIA)

    • “Fragnet” Analysis

    • As-Planned vs. As-Built (AP v. AB)

    • Impacted As-Planned (IAP)

    • Collapsed As-Built (CAB)

    • As-Built Analysis

    We have used or critiqued these analysis methods to quantify:

    • Critical path delays to the overall project and project milestones

    • Non-critical delays that extend resource usage, idle labor and equipment, and other impacts to the project.

    • Voluntary, directed, and constructive acceleration

    • Pacing delays

    • Change order, RFI, and other project administration effects

    • Effects of subcontractor performance issues and termination

  • Our team has provided productivity, efficiency, and inefficiency analysis for over 20 years, and have used or critiqued the following analysis methods:

    • Measure Mile (multiple variants)

    • Comparison to a Similar Project

    • Work Sampling and Statistically Developed Models

    • Reliance on Expert Experience

    • Industry Studies, Surveys, and Published Documents

    • Modified Total Cost

    • Total Cost

    Our team determines the most-reliable method to use based on the information available and unique circumstances of each project.

  • Once the various impacts are accurately quantified, the next step is to determine the additional costs or damages resulting from those impacts.

    The additional costs or damages incurred could be increased field office costs, home office costs, liquidated damages, field labor and equipment costs, or other increased costs resulting from delays to the overall project duration. Delays to the overall project duration may also result in other increased field resource costs, owner’s representation costs, supervisory and inspection costs, equipment rental costs, and many other types of increased costs.

    Likewise, there could be tremendous additional costs that also result from non-critical delays such as extended labor and equipment costs, increased inspection costs, idle labor and equipment costs, escalation costs, subsistence costs, subcontractor cost increases, and many other types of increased costs.

    The same can happen with inefficiency costs, but you get the point. Once we understand the unique impacts to your project, our team has the experience to accurately identify and quantify the additional costs that arise out of those situations.

  • Our team has provided analysis, presentations, or testimony to resolve disputes in the following dispute resolution forums:

    • Court and Arbitration proceedings

    • Mediation

    • Dispute Resolution Boards (DRBs)

    • Partnering or Executive Level Briefings

    • Project-level Briefings

    Seeking a resolution at the project level requires a different strategy than presenting to a DRB or mediator. Likewise, communicating to an arbitration panel can be quite different from trying to communicate with a judge or a panel of jurors. The point is that our hands-on experience allows us to understand the unique nature of each forum, customize the communication protocols and tools at each level, and then effectively present our analysis and information in an objective manner.

  • Our independent, objective review of other organizations’ work and experts’ work product have provided substantial benefit to our clients. Whether the organization desires an outside “red team” review of a claim before it is submitted or an attorney desires an expert to critique the analysis provided by another organization, our experience in the nuanced details of these analyses provides a unique value to our clients. We will either make your submission better, identify what someone else should have done, or let you know that it was appropriately completed by the other party.

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