- Claim Analysis
- Evaluation of Claims Based on Merit
- Delay Claims
- Inefficiency and Acceleration Claims
- Differing Site Conditions
- CPM Schedule Preparation, Revisions and Analysis
- Dispute Resolution Position Papers
- Litigation Support
- Contract Scope Changes
- Document and Record Control
- Verification of Proper and Accurate Final Payment
- Project Oversight
- In-House Training Seminars for Project Management Team
- Specialty Engineering including Shop Drawings, Temporary Works and Engineering Analysis
Numerous times on projects latent physical conditions exist that are substantially differing from what you anticipated based on the bid documents. These conditions impact your production by affecting your team's ability to maintain momentum which leads to inefficiencies. Often time recovery of such impacts depends on two very important actions your project management team must take. Proper identification of the type of differing site condition, either Type I or Type II, and timely and effective notice to the owner.
EJMCS will assist your team in properly identifying differing site conditions and ensure proper and effective notice is given to the owner. In addition, we will guide your team through the tedious process of properly documenting the effects and capturing all justifiable costs associated with the differing condition.
Our goal for all claims is to place our client in the best position to settle the dispute without resorting to legal action. To accomplish this we prepare a fundamentally sound, objective claim that is clear and concise, and accurately applies contract provisions to the events which occurred.
In those instances where settlement cannot be reached and the last alternative is legal action, be it arbitration or trial, our expert claim management, preparation and evaluation will be instrumental in helping your legal team in their preparation.
Mr. Mackiewicz's legal education coupled with his knowledge and experience in construction claim management provides a unique and effective ability to present construction issues in a clear, concise manner based on specific provisions of the contract. His experience with working with attorneys on numerous litigation issues has proved beneficial to contractors by resulting in favorable settlements without resorting to trial.
As you are keenly aware, the construction industry is capital driven. As a result there are tremendous adverse effects to your bottom line when an increase to your capital outlay occurs. In order to successfully complete any construction project, you must know and understand issues related to claims and how to control the process of resolution based on the contractual requirements of your project. This process often begins with field level personnel such as foreman, project engineers, project managers and superintendents. They are the first line managers whose records and actions in the beginning stages of any claim are crucial in proving the adverse effects to your project. Identification, documentation, proper notice and subsequent actions of these individuals, if performed correctly, will position your company to obtain a most optimal settlement of any claim.
EJMCS offers ½ day in-house training seminars for field level and office managers to instruct them on what constitutes a claim, how to identify such, how to document and how to quantify the impacts. From the importance of CPM schedules to identifying the types of Differing Site Conditions, your staff will learn the mechanics of claim management that has been demonstrated successful by EJMCS.
A project CPM schedule should be a living, ever-changing tool which is critical to the overall success of your construction project. Not only for daily, weekly and monthly planning of future resources but it also is crucial in your ability to prove a delay has occurred that was beyond your control.
The key to recovery from such delays is to identify them as soon as possible. In order to do that an accurate and up-to-date CPM Schedule is imperative. Not only is it a likely contract requirement but having an accurate and updated schedule is the foundation to proving any delay claim.
The quick pace of construction projects coupled with the daily demands placed on your project management team often results in deficient or, even times, nonexistent project schedule. Additionally, not all project management teams are prepared to properly create and use a CPM schedule to identify, pinpoint and quantify a delay impact and most importantly prove the cause.
EJMCS can assist your team in the creation of an accurate baseline schedule as well as proper updates. We are also experienced and knowledgeable in evaluating project delays, quantifying impacts and presenting your claim in a manner that is contractually sound and fundamentally strong.
Reduced field management staff often results in reduced attention to record keeping and documentation of activities performed by your crews. This is especially troublesome when unforeseen conditions or other contract changes are encountered which impacts your production. Ineffective records and poor documentation is of little consequence when work is progressing unencumbered. However, when impacts and issues do arise that are beyond your control and result in a claim situation, management of that claim is the most critical element for recovery from the owner. EJMCS can manage any claim situation that arises on your project.
With over 25 years of related experience in the construction industry, Edwin J. Mackiewicz III, P.E., J.D. has been employed by both contractors and as owner's agent. This unique blend has provided him the experience and expertise in the many aspects of claim preservation and preparation and, as importantly, the methods used by owners in defense to claims. Some examples of the most common type of claim condition include:
- Plan Errors
- Unforeseen Work
- Differing Site Condition
- Utility Impacts
- Contract Ambiguities
- Contradicting Specifications
- Owner Directed Work Outside of Scope
- Express Acceleration
- Constructive Acceleration
Another important aspect to any successful claim is monetarily quantifying the damages. Although your particular contract may have language stipulating exactly and to what extent damages may be quantified, often times not all allowable costs are captured by the contractor. EJMCS can manage your claims to maximize your full and justifiable recovery under the contract. Let EJMCS position you for recovery while you do what you do best, build the job.