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1. Do I need an attorney?
Depends on where you are in the claims process. If you can resolve this in the change order specification, probably not. Using our service will help you assemble all the right documents, present all the facts in a simplified explanation, and make a coherent case - whether you are asserting a claim or defending one. However, if this becomes a full-blown contract claim, then yes, get good legal advice on your contract rights and obligations. We will work with you in support of your attorney. In any event, WE ARE NOT ATTORNEYS and you should continually seek legal advice from a qualified construction attorney. If you don't have a good construction attorney with whom you are comfortable working, we can probably refer you to one. Just ask.
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2. When is it a "claim"?
Read your contract. The moment when a "dispute" or disagreement steps across that line into a "claim" is probably defined in the contract general conditions or special conditions, often under the heading "Claims" or "Dispute Resolution". It may also be referred to in the section on "Changes". Don't call it a claim before it is one. The word "claim" has a negative connotation and can cause the minds of the other parties to slam shut. Call it a "change order request" or a "request for equitable adjustment" as long as you can, so you can resolve the dispute informally in negotiation. But when it is a claim, you must act swiftly and firmly in accordance with the Contract requirements. There is no such thing as a "back burner" claim. It requires serious attention to details and deadlines.
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3. If it's still a change order request, why do I need to be so formal and thorough in my research and documentation?
Because you want to get paid. People don't hand you money because of your nice smile. They need the facts with written backup. This is especially true in the public sector, where laws prohibit "gifts of public funds". Contractors and subs must prove entitlement and quantum (why and how much). By doing this from the very beginning you are giving the other party the justification they need to do the right thing.
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4. Do you specialize in helping contractors or owners?
Both. Our practice has been pretty balanced over the years. This is an advantage. Claims consultants who specialize in representing only owners or only contractors and subs can get myopia and tend to take your side even when your case is weak. They may miss opportunities to understand the whole picture and present it with balance. (See our list of recent claims clients here.)
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5. What if I didn't give proper "notice"?
Houston, we may have a problem. Most contracts specify how, when and to whom notices must be given. Giving timely notice (within a certain number of days, depending on the contract) in writing and to the correct person named in the contract is usually a "condition precedent" to getting treated fairly. But don't walk away too quickly, because the other side may have had "actual notice" or "constructive notice". These are legal concepts and we'll have to work with your attorney to determine your position. We'll help you figure this out if you think you didn't give (or get) proper notice.
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6. What if my documents are weak?
Get in line. Everyone has weaknesses in their documentation, including the other side. We'll do the best job possible in helping you gather, organize and present your material. But it is what it is, and we're not magicians. Using our service will help to "put your best foot forward". Beyond that it's a learning experience. In the School of Hard Knocks, tuition can be a little pricey. You'll do better next time.
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7. How much will your services cost?
Tough to answer without the specifics, but generally about 1/10th of the money you will lose if you don't get qualified assistance. Seriously. Part of the benefit of hiring a professional forensics consultant is we've seen it all and probably done it all. A pro sees things you don't. A pro finds money in the cushions of your couch. It was there all the time, you just didn't know where to look. Almost always, we pay our way with all the added value we bring to the process. Ask yourself: "How much do I stand to lose if I don't get expert help?" And if requested, we can set a not-to-exceed budget and work within that.
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8. Is your "online" claims service less expensive?
Yes. That's why we pioneered this service. All other claims consultants work in person. Ask yourself: "Which is less expensive: an email or a personal visit?" We bring the same expertise to bear via the internet and your phone, but save in the travel time and those precious moments lost in the waiting room. Pure economics. This also means you can get affordable expert help on much smaller claims.
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9. How will this work?
First, we recommend a GO-NO-GO quick-and-dirty assessment of your dispute. Let's find out right away if your claim is worth pursuing, even if you decide to do it entirely on your own. Then, you can download the checklists from our website; start pulling your documents together. We guide you from there. On the Services page you'll find three levels of assistance: anything from parachuting in and taking over the case, down to just looking over your shoulder (electronically) and making sure you're doing it right.
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10. How do I know you're legit?
Check us out. Ask for references. Google the name of our president, Dan Fauchier, and discover his involvement in the construction industry. And by the way, how do we know YOU're legit? We'll probably do the same thing with you. Once trust is established, we're good to go.
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11. Will I win?
Maybe. Most of our clients prevail in their positions because we help them sort through the strengths and weaknesses of their case - we help you pick your battles. Certainly we'll help you put together the most professional "package" possible. And we'll encourage you to work smart in pursuing your goals. You need to keep your "battle costs" as low as possible (that's why we work online most of the time). Plenty of people "win" but end up paying their winnings to attorneys and consultants. Is that a win? We help you get things resolved at the lowest possible level and within the change order spec, if possible. If your case is strong and there is a lot of money on the table, then we'll help you figure out how far to push - using the "Schwarzkopf strategy".
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12. What's the "Schwarzkopf strategy"?
Remember General Norman Schwarzkopf, first Gulf War? Stormin' Norman said the way you win a war is with overwhelming force. Assemble all your troops, tanks, APCs, artillery, planes, ships, supplies - get 'em all lined up on border first. Don't launch prematurely. Make sure you're fully battle ready, then launch and crush the opponent. It's the same with claims. We help you get battle ready before you launch.
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