In April, the Xpera team had the opportunity to give a presentation to the San Diego Defense Lawyers group on the subject of construction delay claims.
Ted Bumgardner, Brian Hill and Tim Ireland led the workshop, which was entitled Preparing for and Litigating Delay Claims on Construction Projects: An Expert’s Perspective. Attorneys from San Diego’s leading firms attended the session at Peterson Court Reporting’s offices in downtown. Here are a few key takeaways:
There are a number of factors that are contributing to the current rise in construction delay claims—a perfect storm created by a building boom, more complex projects and a shortage of technically skilled construction workers.
Bumgardner discussed the many complex issues associated with construction delay cases, including some that can challenge even veteran construction attorneys. He also touched on how and why some of these delay claims come with jaw-dropping dollar figures.
Brian Hill covered how a highly experienced delay expert uses well-organized processes to evaluate the claim damages, ranging from entitlements to time impact analysis, and ultimately coming with a figure of damages on a cost-per-day basis.
Tim Ireland, whose unique experience includes practicing construction law, construction management and forensic support, explained strategies that an attorney can utilize to improve the client’s outcome in a construction delay case. He highlighted the importance of requesting the right kind of documents early in the process, noting that judgments often come down to “he who has the most information wins.”
In an effort to help attorneys navigate this challenging terrain, Xpera has developed a comprehensive document request list that can be found on our website (under construction claims management resources). The SDDL presentation was recorded and will be made available soon on our website.
Until everything is done by Artificial Intelligence (“AI”) and robots, construction delays will always be a challenge that teams will need to manage and mitigate. Xpera’s experts can help bring solutions to them, from turning around projects in distress to uncovering the story behind the delay to help reach resolution.