Construction claims involve loss of profit, while construction accidents involve loss of life or bodily injury. We have been retained to analyze both. A construction contract is a complex, detailed legal document that defines the relationship between the Project Owner, the Contractor, and the Engineer. It also provides specific directions for the quantities of materials to be used, and instructions as to how these materials are to be put together to form a final item or structure.

In almost every construction project, there are unforeseen delays, many of which can be financially resolved according to contingencies built into the contract. In some cases however, no equitable solution can be found, and one of the contracting parties brings an action against the others.

 

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It is common for engineers to prepare the contract documents, and for over 20 years we have been retained to do so on projects of various scope and size. Because of our experience, our firm is familiar with contract interpretation, and has provided analysis on projects costing millions of dollars. Examples of our work are as follows. We were asked to analyze a dispute between a general contractor and a state highway agency regarding payment items on a project valused at approximately $2 million. We had to examine the contract language and the work done, and then make a determination as to whether the contractor was due any additional money above that provided by the contract.

We were also asked to consult on a lawsuit in which a nationally recognized casino hotel was seeking monetary damages for failure of the general contractor to complete a parking structure within the Contract time limits. The casino contended that it had lost significant revenue since it was unable to open in time to capture customers during a particularly busy season. In this case we not only had to interpret the Contract, but also analyze the construction methods to insure that proper assembly procedures had been followed.

Construction injuries are usually not contract related. Normally they stem from the means and methods of prosecuting the work. When we analyze such cases, OSHA Regulations are a primary source of information in assessing liability. Assuming there was an OSHA infraction that caused the accident, our analysis attempts to determine the various classes of employers that may have been responsible. We have analyzed many such cases and maintain a complete and thorough library of information sources to keep current in regulatory policy