Project Strategic Planning
Capital improvement programs involve many diverse individuals and organizations who sometimes have differing objectives. “Project Strategic Planning” is a pro-active approach to identifying all of the objectives so that the entire team can develop and align to a plan that meets the overall needs.
We at CPS believe that our understanding and knowledge of how to manage and resolve disputes within the design and construction industry will enhance our ability to provide project participants with insightful services during the project, versus after the project. In order to accomplish this CPS advocates the development of a “Project Strategic Plan” to address project issues.
CPS takes team building concepts often used in partnering combined with problem solving techniques to facilitate a strategic plan for resolving disputes in “real-time” on the project thus saving costs. CPS designs and then facilitates numerous sessions aimed at project participants at different levels and roles. The purpose of the sessions is to assess the goals and objectives, duties and responsibilities of the parties and establish strategies and tactics to ensure that the parties’ meet these goals by performing. A key aspect of successful Project Strategic Planning is a detailed program to resolve disputes on a timely basis. CPS is well versed in various tactics of dispute resolution and, in combination with developing the strategic plan, can act as an interventionist to actually help resolve the dispute.
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Claims Analysis and Development
Sometimes project conditions and relationships (lack of trust) create an environment that is conducive to problems and disputes. If relationships sour, disputes evolve very quickly into claims. CPS is experienced and adept at supporting our clients during such situations, though hopeful that earlier efforts will have avoided such situations. However, if confronted with a claim or conditions giving rise to a claim, CPS will assess the viability of the issues and develop a schedule and/or cost analysis to address the issues.
In many situations, CPS is brought in early by our clients before a formal claim is even submitted. In such situations, CPS uses existing information (without soliciting a “formal claim”) so that a resolution can be explored very early, thus avoiding the costs of dispute resolution.
Dispute Resolution Support
There are multiple levels of dispute resolutions. The goal of dispute resolution is to give parties the opportunity to settle a dispute quickly at relatively minor cost and with a minimum of emotional involvement and stress before it escalates to the point of a claim and litigation. When a dispute escalates to a claim and the process moves closer to litigation the parties that are best able to resolve the claim quickly and easily get pushed farther apart as additional parties are interjected into the mix (attorneys, experts, etc). The farther a dispute moves up the dispute ladder the less and less control an individual has over its own destiny. It is at this point that costs begin toclimb. The costs are not just monetary but encompass time, emotions, reputation, and relationships.
CPS supports a project by providing suggestions of how to deal with disputes before they occur - the difference between change management and claim management. Issues are resolved as quickly as possible at the jobsite level. Often times, disputes and eventual claims escalate as a result of miscommunication. CPS facilitates communications among the parties in an effort to resolve the dispute, clarifying details through graphics, spreadsheets, timelines and other techniques all contributing to clear communications of the problem as well aspotential solutions.
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Expert Testimony
CPS provides expert opinion report preparation and testimony, document production identification and support in discovery matters. As a possible outcome of our claims analysis, CPS may be requested to provide expert testimony as to our findings. CPS has qualified experts in construction management standards of care, scheduling, cost, and means and methods issues. In addition, our recognized professionals can provide support in other areas.
In addition to the typical testimony role, CPS also assists counsel in the discovery process and can also serve to provide consulting support during mediation and other forums.
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Demonstrative Evidence and Exhibit Preparation
Whether acting in a consultative role, or in the process of developing an analysis, which leads to an expert opinion to be voiced at a formal hearing, CPS provides appropriate graphics to support the presentation of ideas, positions, or our own analysis. This support is tuned in specifically to the audience – an arbitrator, judge, jury, or an opposing party. Supplemental materials range from simple spreadsheets and timelines to complex animations that allow the fact finder a needed perspective of the issues in question.
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Surety Support Services
As a group with a wide range of professional backgrounds, CPS is well suited to support surety companies in default situations. CPS moves quickly to assess and evaluate the options that are available to the surety, including the identification and development of the facts necessary to establish defenses. In addition, with our understanding of contractors’ workings, CPS can quickly and accurately support in the evaluation of bond claims, prepare “cost-to-complete” estimates and establish appropriate services.
CPS can act on behalf of the surety company in the execution of its selected action option, including identification and re-bidding/selection negotiation, possible replacement contractor, negotiating with the obligee, and ratifications and assignments of subcontractors. In addition, we can oversee the completion of the contract, whether by the principal or by subcontractors.
Throughout this process, CPS works closely with our clients’ claims managers and legal counsel so as to enable the surety company to come out of the situations as well as possible. This includes the identification, pricing, and negotiation of change orders as well as the development and analysis of claims that may come into play.