Claims/Litigation Support

Draper & Associates maintains a staff of consultants capable of analyzing the complex administrative, technical and design issues which often arise in connection with disputes. Each consultant is capable of providing clients a variety of claims evaluation and analysis services, including:

• Identifying and categorizing all claim issues
• Developing analytical schedule models that will provide a basis for evaluating performance
• Converting system performance to cost impacts through cost analysis and pricing
• Determining probable cause of cost impacts
• Establishing claims strategies in concert with the client and/or legal counsel
• Developing innovative graphics to facilitate a claims presentation
• Preparing rebuttal analyses to assist legal staff in cross-examination

As part of Draper & Associates’ evaluation and analysis of a claim, a review of the project plans and/or a site visit, as well as a review of any supporting documentation may be appropriate for purposes of gathering data about the project. Draper & Associates’ team of consultants:

• Review project plans
• Visit the project site
• Review and/or organize project files and other project data
• Interview project personnel.
• Catalog pertinent facts and supporting documentation and cross-reference to claims issues.
• Prepare a summary history of the project to highlight key issues.
• Develop computerized analytical and legal databases.
• Determine and conduct supplemental documentation/studies as required.

The documentation prepared for and generated during a project can play an important role in substantiating and supporting claims for additional work, extra costs, and other damages. That same documentation may also support a defense to allegations of delay or failure to perform. Thus, maintaining accurate and well organized documentation during a project is of extreme importance.

Draper & Associates believes that, all too often, many matters end up headed for litigation because of insufficient or improper documentation. Even if litigation cannot be avoided, proper documentation is essential for a successful claim or defense. The difference between a properly substantiated assertion and a mere “story” without supporting documentation often spells the difference between success and failure in negotiations, claims and defenses.

Draper & Associates’ Claims Defense Documentation and Scheduling Analysis services can begin by setting up a training program for your staff to help develop a document control system for your projects.

From the onset of a project, Draper & Associates is capable of providing its clients with claims prevention services that train the client’s staff on how to properly document the progression of a project. This front end task can eliminate or minimize the possibility of claims and disputes arising. Claims prevention services include:

• Reviewing and critiquing proposal documents and contract documents to eliminate possible ambiguities, inconsistencies, conflicts, errors and omissions
• Reviewing and critiquing project management plans and procedures
• Providing information and documentation-tracking procedures
• Providing periodic monitoring of, and feedback on, the management of projects and the administration of construction contracts/sub-contracts
• Training staff on the proper methods of filing notice of claims
• Training staff on the proper methods of documenting issues

Draper & Associates’ team of consultants include numerous experts in the field of schedule analysis who are familiar with various formats for critical path method schedules. Each consultant is highly qualified in determining compensable, non-compensable, and non-excusable delays, as well as the impact of those delays on other timetables and the overall project completion and budget.

Draper & Associates’ dispute or claim’s Analytical Schedule Model Analysis presents the information gained from an initial evaluation analysis, and site, schedule, and documentation reviews. These tasks allow the team to conduct a detailed analysis of the project, breaking the dispute down – issue by issue, fact by fact, and event by event in order to assess the causation and quantification components of the dispute or claim.

From our analysis of the dispute, our consultants develop a customized action plan that is tailored to displaying the strengths of our client’s position and legal strategies. Draper & Associates believes that a balanced and objective assessment of each dispute frequently is the impetus for an early and cost-effective resolution.

Costing and damages issues are ultimately the most important aspect of any construction dispute. Draper & Associates’ team of consultants has extensive experience in computing and and/or analyzing damages due to claims. Our claims cost analysis expertise includes computing and evaluating such issues as the cost of extra work, inefficiency and disruption costs, extended overhead, equipment costs, labor and material escalation, loss of use, lost profits, acceleration costs and increased financing costs.

Draper & Associates is a leader in graphics technology in support of litigation and dispute resolution. Draper & Associates approach to preparing, detailed support graphics, is to create support materials that best explain the issues and document of our clients position within the claim.

Draper & Associates’ detailed support graphic services, prepared in house, range from traditional presentation drawings to unique computerized animation. Some of the more common applications include:

• Magnification
  Draper & Associates, through use of scanning and computer-graphics, can convert poor-quality original text into crisp, sharp displays magnified and enhanced by several orders of magnitude. The resultant exhibit retains the shape and texture of the original yet is readable by juries from a significant distance, such as is frequently encountered in courtroom settings.
• Sequencing
  One of the most useful techniques in presentation technology is the development of a timeline based Draper & Associates has developed techniques involving computer-aided design of “peel-offs” and overlays allowing for graphics to be coordinated throughout the entire presentation. Graphic development and presentation techniques are customized to suit the needs/facts of the case as well as the forum for the presentation. Presentations can be developed as static board displays, projected computer graphics and/or animated displays.
• 3-D Perspective:
  Many issues require a 3-Dimensional perspective for understanding technical features; 3-D may also be used to spice up potentially boring 2-D graphics (bar charts, curves, histograms). Draper & Associates uses computer-based CAD and Graphics programs to give depth, clarity and interest to technical problems and cost and performance data.

Draper & Associates’ use of these various computer graphic applications and customized approach to displaying the strengths of our clients position within a claim, continue to increase the effectiveness of our client’s presentations while keeping their overall costs to a minimum.

Draper & Associates’ Founder, Gary Draper, and Technical Advisor, John Orrison, P.E., have more than 50 years of combined experience providing expert testimony on claims. Accepted by numerous courts and arbitration panels, both individuals have testified on a variety of subject matter, to include:

• Construction Scheduling and Scheduling Delays
• Capital Costs
• Damages
• Construction Methods and Procedures
• Contract Administration