Precedent Identification & Recovery Theory Development
Construction contracting business is, for better or worse, inextricably intertwined with contract law; government construction contracting even more so, if possible, as it has its own special brand. Contractors, however well-steeped in business and engineering principles, are not trained or expected to identify and seize upon the correct claim recovery theory(ies) given a particular situation – an absolute necessity early on in the claim process. Similarly, construction contract attorneys, even those with engineering degrees, are seldom if ever sufficiently knowledgeable about real world contractor business issues. With my unique contractor-consultant experience, this is where I will provide the best, and most cost-effective, interface for you. If, for example, financial recovery turns on the presentation of a differing site condition issue, without “practicing law” I will show you how to determine whether it is of the Type I or II variety, and where and how you can personally assess success chances given your particular fact situation. With, and only with, your full approval, we would go forward in a “REA” presentation to your government owner (in government-speak, Request for Equitable Adjustment), initially not as a “claim.” The owner will recognize immediately we are well-researched yet merely seek a fair recover. Even if this fails, litigation with all its options is still wide open.
Other Services:
- Construction Claim Investigation
- Researching Owners' Possible Defenses
- Precedent Identification & Recovery Theory Development
- Freedom of Information Act (FOIA) Research
- Calculation of Damages
- Entitlement and Quantum Claim Reports
- Litigation Support