Dispute Resolution

In today’s construction industry, claims are often complex and difficult to resolve. Public owners, private developers, general contractors, and specialty contractors whose projects have been subject to major design or performance problems have increasingly sought contractual, administrative, or legal redress. Owners, contractors, and their attorneys recognize the value that Warner, as an independent and internationally known construction-industry expert, brings to the strategic resolution of disputes.

Among the many dispute resolution services we offer our clients, Warner’s Dispute Resolution Group has gained a widespread, industry-recognized reputation for:

  • Conducting accurate evaluations
  • Delivering concise, articulate presentations
  • Developing meticulous documentation
  • Serving as highly competent, well-qualified, and credible expert witnesses who identify and quantify periods of delay impact as well as resulting damages

Because disputes often proceed through the judicial process long after project completion, the task of “reconstruction” is most often complex and time-consuming, but at the same time, critical to an equitable outcome. Warner’s highly trained specialists can carefully reconstruct every aspect of the performance of the project, reassembling all the data, including all pertinent construction documents, technical reports, and cost records. By applying robust and defensible methodology to our analysis, Warner delivers a comprehensive and objective report—often consisting of hundreds of pages of substantiation—that documents our findings and expert opinions.

Warner also provides our clients with a very unique form of dispute resolution service that focuses on ongoing and troubled projects. For these projects, Warner mobilizes a team comprised of savvy specialists, who match each project’s specific needs, to identify and assess issues, develop proactive solutions, and prepare clear and persuasive documentation for use in later dispute resolution forums.

Our dispute resolution services include:

  • Consulting experts
  • Testifying experts (including third-party reviews)
  • Baseline schedule review and analysis
  • As-built schedule preparation, review and analysis
  • Cost analysis/damages calculation
  • Inefficiency/productivity analysis
  • Demonstrative evidence preparation
  • Negotiation/ADR/litigation support
  • Daily specific as-built schedule preparation
  • Identification and quantification of critical delay
  • Delay causation and responsibility allocation
  • Time impact and accelerated performance analysis
  • Extended performance cost analysis
  • Impacted and accelerated performance cost analysis
  • Requests for equitable adjustment
  • Claim preparation and review