Claims Consulting

In today’s exceedingly competitive construction industry, having the expertise to aptly manage the construction claims process is an essential element in preserving budgets and/or profitability margins for owners, contractors and sureties. JGCMI’s principal has extensive claim experience, which allows JGCMI to provide instrumental advice in developing, analyzing, defending, and negotiating the following types of construction claims:

  1. Affirmative Claims
    1. Participated in the collaborative effort on submitting approximately forty (40) claims valued in excess of $53 million
    2. Dispute Resolution Medium
      1. Trial: One (1) trial settling one claim
      2. Arbitration: Four (4) arbitrations settling five claims
      3. Mediation: Eight (8) mediations settling nine claims
      4. Negotiated Settlements: Seventeen (17) settlements
  2. Typical Construction Claims
    1. JGCMI has the experience, as well as a fundamental understanding of a construction project’s dynamics and nuances, to effectively identify and categorize documents that are critical to establishing entitlement to a claim
    2. Types of construction claims that are included in the forty plus affirmative claims are:
      1. Overtime
      2. Adverse weather
      3. Out of sequence
      4. Trade stacking
      5. Contract changes
      6. Increased labor crews
      7. Suspension of work
      8. Cumulative impact from excessive changes
      9. Deficient contract documents/poor design
      10. Limited site access
      11. Material delays
      12. Congestion/overcrowding
      13. Acceleration
      14. Differing site conditions
      15. Loss of productivity
      16. Contract defaults and/or termination

JGCMI recognizes that the claim process can be complex, time-consuming, and a financial drain on company expenses. To address its complexity and mitigate its expense, JGCMI has developed a systemic approach to developing/analyzing construction claims. JGCMI’s claim services include, but are not necessarily limited to the following:

  1. Affirmative Claims
    1. Help identify and develop a valid reason for a claim and ensure by analyzing the contract documents, that the claim complies with the terms of the contract
    2. Evaluate project delays using CPM and As-Built schedule analysis
    3. Review or complete “as-planned” schedules and “as-built” schedules to identify pertinent delay(s). Establish the timeframe and underlying reason for the delay(s) and by utilizing schedole graphs, show how the delay(s) changed the durations and sequencing of the construction activities
    4. Identify concurrent and non-concurrent delay(s) and determine if they are compensable or non-compensable issues
    5. Provide assistance on establishing entitlement, then furnish guidance for proper record keeping
    6. Help clients create and issue contemporaneous correspondence of their position to develop a claim, with special emphasis on providing proper notification as required by the contract
    7. Review accounting cost reports and assist in the computation of direct and indirect costs associated with the claim
    8. Assist in preparing the claim text and produce relevant graphs/exhibits, which will convey conclusive evidence that is suited for the trier-of-facts or the deciding party.
    9. Participate in settlement discussions/negotiations on behalf of client
  2. Forensic Claims
    1. Effectively review a voluminous amount of data with an innate ability and sound judgment to understand the relative importance of the documents as evidence
    2. Efficiently gather and help produce all of the pertinent documents and organize it into a chronological main file that becomes a meaningful data base of core information
    3. JGCMI’s industrious determination, where no stones are left unturned, facilitates getting to the heart of the dispute process competently, with substantial evidentiary information that contributes to quicker negotiations/resolutions on even the most complex multi-party construction disputes
    4. Complete similar activities as referenced in the affirmative claim section