Construction Claims
Consultant.
Construction claims require both technical and financial analysis, understanding what happened in the field, what it cost, and whether the contract supports recovery. I evaluate claims for both claimants and respondents, providing opinions on entitlement, damages quantification, and schedule impact that hold up in litigation, arbitration, and mediation.
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Claims Analysis Is Only As Good As
the Person Reading the Documents
A construction claims expert who lacks field experience will evaluate a dispute from a distance, reading schedules and cost reports without understanding how projects actually run. That creates blind spots. Experienced contractors know that float gets absorbed in ways that don't appear in as-planned schedules, that productivity losses compound quietly over months, and that change order pricing is routinely inflated or undervalued depending on who prepared it. As a certified cost professional and licensed general contractor, I bring both the technical credentials and the field perspective that forensic construction consulting demands.
Construction Claims Consulting Services
I provide integrated construction claims consulting from initial evaluation through final disposition. for claimants and respondents alike:
Claims Evaluation
Review of claim documentation, entitlement analysis under the contract, and assessment of what can and can't be supported. I give you a clear picture before you commit resources.
Damages Quantification
Detailed cost analysis, including direct costs, overhead, lost productivity, escalation, and consequential damages where applicable, with methodology that survives cross-examination.
Schedule Analysis
CPM-based review of the project schedule, delay identification, and causation analysis. Delay is almost always embedded in construction claims, and it has to be addressed rigorously.
Cost Engineering
Breakdown of claimed costs against actual documentation, market pricing, and project records. I identify where numbers are inflated and where they're supportable.
Mediation Support
Preparation of claim summaries and damages documentation to support settlement negotiations. Early resolution requires credible numbers. I provide them.
Expert Reports
Written opinions suitable for litigation, arbitration, or mediation, with documented methodology and opinions stated clearly.
Deposition & Trial Testimony
Expert testimony in state and federal courts, AAA, JAMS, and other arbitral forums. Technical and financial analysis explained clearly to fact-finders.
Why Field Experience Changes the Claims Analysis
The difference between a construction claims expert who has managed projects and one who hasn't becomes obvious when you're inside a complex dispute. I've managed real budgets and processed real change orders. I know what a legitimate extra looks like, and I know what an inflated one looks like, because I've seen both from the other side of the negotiating table.
That field knowledge changes how I read a claim. When I review a contractor's time-and-material backup, I understand the productivity assumptions embedded in it. When I analyze a productivity loss claim using the measured mile method, I understand what factors actually affect productivity on a commercial project, not just what the formula says. As a Certified Cost Professional (CCP) and licensed general contractor, I bring both the analytical credential and the operational perspective that forensic construction consulting demands.
The same applies to defense work. I can evaluate whether an owner's damages calculation accounts for what was actually agreed to, what the market supports, and what documentation exists to back it up. Claims disputes at high dollar values benefit from an expert who has operated at that level, not just studied it.
My Approach to Claims Analysis
Initial Review
I start with the contract, project records, and the claim itself. The goal is to understand what's being claimed, whether the contract supports it, and what documentation exists to substantiate or challenge the numbers. I'll tell you early if there are gaps in the record, before you've committed to a litigation strategy that depends on documents you don't have.
Analysis & Quantification
Claims analysis proceeds from entitlement to damages. I work through the contract, project correspondence, schedule records, and cost documentation to form opinions that are methodology-first, not conclusions looking for support. The analysis addresses what was claimed, what the contract allows, and what the documentation supports.
Expert Report
The written report documents my findings in a format your litigation team can use, organized by claim element, with methodology explained and opinions stated clearly. The report is suitable for disclosure in litigation, arbitration, or mediation.
Deposition & Trial Testimony
I review opposing expert reports and help identify where their analysis is weak, whether in methodology, assumptions, or document selection. I present complex financial and schedule analysis in terms that make sense to a fact-finder who isn't a construction professional.
Related Case Briefings & Analysis
Construction claims disputes often follow consistent patterns. The briefings below cover common claim types and what the forensic analysis typically involves.
How Construction Damages Are Quantified
The methodology used to calculate construction damages is often as contested as the damages themselves. Understanding the available approaches, and their strengths and weaknesses, is essential.
Read More →The Measured Mile Method: When and How It Works
Productivity loss claims require a credible baseline. The measured mile method is the most defensible approach, but it depends on having the right project records.
Read More →Extended General Conditions: What's Actually Recoverable
When a project extends beyond its planned duration, the costs compound. Not all of them are recoverable, and the analysis depends on entitlement, causation, and documentation.
Read More →Frequently Asked Questions:
Construction Claims Consulting
Most construction disputes that reach litigation or formal arbitration benefit from expert analysis, particularly claims involving delay and disruption, productivity loss, differing site conditions, acceleration, and complex damages calculations. Simple payment disputes can sometimes be resolved without an expert, but any matter involving schedule analysis, cost causation, or damages quantification that exceeds the other side's ability to dispute effectively should have expert support. Early retention, before the dispute is fully defined, which allows the expert to help shape the claim or defense strategy, not just respond to what's already been filed.
Construction damages quantification typically starts with identifying the recoverable cost categories: direct labor and material costs, equipment costs, overhead, escalation, and in some cases lost profits or consequential damages. Each category requires documentation: cost records, pay applications, subcontractor invoices, and project accounting records. The expert's job is to trace each claimed dollar back to a documented cost event and evaluate whether it was caused by the event giving rise to liability. For productivity loss, methods like the measured mile, industry studies, or expert opinion based on project-specific factors may be used. The chosen methodology must be defensible because opposing counsel will attack it directly.
Direct damages (also called general damages) are those that flow naturally from the breach: the cost to repair defective work, the unpaid balance of a contract, or the direct labor costs of a delay. Consequential damages (also called special damages) are those that arise from the specific circumstances of the breach: lost profits, lost business opportunities, or extended financing costs. Whether consequential damages are recoverable depends on the contract (many construction contracts expressly limit or exclude consequential damages) and whether the consequential damages were foreseeable to the breaching party at the time the contract was formed. Expert analysis often addresses both categories, even when consequential damages are contested.
Early. The most common mistake in construction claims disputes is retaining an expert after the party's position has already hardened and the documentary record has been assembled without expert input. Early retention allows the expert to identify what records need to be preserved, flag issues in the opposing party's claim, and give you a realistic picture of what the evidence supports before litigation costs accumulate. For contractor claims, early involvement helps structure the claim for maximum supportability. For owner or respondent positions, early involvement helps identify the weakest points in the opposing claim before formal responses are due.
Credentials & Qualifications
- B.S. Civil Engineering: Brigham Young University
- PSP: Planning and Scheduling Professional
- CCP: Certified Cost Professional Primary credential for construction claims and damages work
- CCM: Certified Construction Manager
- FMPC: FenestrationMaster Professional Certification
- Licensed General Contractor: B100 & E100AK #192126 · ID #RCE-56717 · NV #75532 · UT #348968-5501
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