CLAIMS AND DISPUTE ANALYSIS
Design documents, construction and consulting contracts and related instruments of service, are complex in themselves. By adding to this, the additional difficulty of evaluating responsibility during the design and construction process, the complexity increases further.
RESOURCES, with its extensive experience in matters related to overall
property development procedures, can provide support services to bring together
all the components and arrive at a clear direction during disputes. This
service does not take the place of an Attorney but rather, supports the
Client in technical matters related to the field of design, development
and construction. Evaluating the specific issues in a lawsuit, and giving
clear direction as to the merit of particular claims, can be extremely
important at the early stages. In longer cases, keeping up-to-date with
all the evidence and its implications, and dealing with related research,
is essential in the assessment of the Client's ongoing position. Services
can be provided at any stage of the dispute or settlement process, and
individual activities can include the following
on large projects can result in the need to handle thousands of documents,
including drawings, specifications, change orders, letters, sketches,
etc., and the management of these documents can often be a major task
in itself. Where imaging or compact disk storage of documents is required,
the degree of specialized management becomes even more important. We have
experience in dealing with this aspect of litigation on both large and
Due to the major costs involved in litigation, the Legal and Insurance profession, together with their clients, often look for the most equitable and effective method to dispose of claims. Based on investigations and analysis of the issues, ARCH RESOURCES can provide services such as:
The dynamics of a trial in progress brings about its own distinct requirements, in terms of teamwork and effectiveness under pressure. We bring real 'war room' experience in all aspects of trial, including the following:
AVOIDANCE OF DISPUTES AND CLAIMS
The services outlined in the previous sections relate to situations where disputes exist, or claims have already been made, and as a result, resolution is necessary. Perhaps, even more important is the avoidance of claims in the first place.
Because of our experience in the area of claims analysis, ARCH RESOURCES is uniquely qualified to identify areas of potential problems before a project is implemented. We have provided such services to several clients, whereby we examine contract documents (Drawings, Specifications and Agreements themselves) in advance and report on the areas which have the potential to cause misunderstandings, misrepresentation or vulnerability to one side of the agreement.
As a result, these conditions can be modified so that a more equitable arrangement is achieved which, in turn, lessens the possibility for dispute during the course of the work. Again, these services do not take the place of an Attorney in assessing the legal merits of contractual agreements, but they do provide a critical evaluation of the technical factors which are unique to the Design and Construction Industry and which are known historically to cause disputes. The cost of any service that helps in the avoidance of claims is extremely economical when compared to the potential litigation expenses after a claim has been made.
RESIDENTIAL INSPECTIONS AND ANALYSIS
Residential development, including both single family dwellings and multi-family unit projects, presents a unique segment of the construction claims arena because of their large number and specialized form of construction.
Mr. Cummins has provided inspection services on hundreds of residential units in the past few years alone. This involves visual inspections on all components of the home, destructive testing on specific components such as windows, stucco and roofing, resulting in comprehensive reports identifying construction defects and the estimated cost of repairs. Construction defects have included expansive soils, concrete slab and stem walls, stucco, drywall, wood framing, roofing, water intrusion and mold. Forensic analysis was conducted on these components to determine their cause, in order to define how they could be properly repaired.