Construction Claims and Disputes

We offer a highly specialized team of forensic construction experts that specialize in all aspects of construction management, construction claims, construction accidents, and construction dispute resolution. On every project, we bring the experience gained from assignments all around the world.

Learn more about our specialized construction claims services below.

Technical Practice Director

Vice President, Construction Practice

+1 385 207 2699 tjcate@rimkus.com

Operational Leadership

District Manager

+1 312 835 4394 lcarpenter@rimkus.com

SERVICES

Our Construction Claims and Disputes Services

Construction Accidents

Construction accidents may result from improper planning, inadequate worker protection, failure to follow safety procedures, lack of training and supervision, and product or equipment failures. Rimkus has investigated hundreds of construction site accidents. Our team offers a unique understanding of forensic sciences and is highly skilled at investigation techniques and evidence recovery procedures. We have experts with extensive experience in construction safety, risk management, site-specific safety planning, training, and supervision. Our experts combine their forensic expertise with years of knowledge and industry experience in design, construction, field operations, OSHA standards, and regulatory compliance in analyzing the facts and determining the cause of complex injury accidents. Rimkus’ Rapid Response team can respond immediately when accidents occur and use our leading-edge technology to document the scene, gather data, and preserve evidence. 3D photography and laser scanning, drone photography, and other technologies are ready for deployment.
Construction Defects

The risk of construction defect litigation continues to increase as building systems, products, and material integration become more complex. Constant changes and adoption of new building codes and regulations create real-world construction challenges with each new standard. The Rimkus team of architects, engineers, and construction experts evaluates construction claims and legal disputes involving construction deficiencies, defects, building code violations, and life safety issues. Our construction defect engagements have encompassed single and multi-family residential units, commercial buildings, educational institutions, healthcare facilities, manufacturing plants, major infrastructure, and industrial construction projects. Our team offers a comprehensive approach to evaluating the root cause of construction defect claims that arise from water intrusion, mold, faulty drainage, foundation damage, soil settlement, roof system failures, and deficiencies in mechanical, electrical, and plumbing. No matter how complex the construction, Rimkus consistently communicates reliable facts for developing early resolution strategies for recovery. We provide support for all forms of dispute resolution including mediation and arbitration.
Professional Liability Claims

The separation between design firms and contractors is becoming less of a line and more of a wide, grey area. Professional liability claims involving errors or omissions can arise at any time during the life of a construction project. These design defects can have a devastating impact on construction projects, causing serious schedule delays, disruptions, and significant cost overruns. When liability claims arise against contractors, architects, or engineers, Rimkus conducts an in-depth examination to evaluate the facts at issue. Rimkus analyzes construction documents, drawings, product and material specifications, building systems, and regulatory requirements. Our experts also examine construction means and methods and life safety in order to deliver a comprehensive assessment of any deficiencies in design, construction, products, or materials. Our consulting experts have years of experience as design professionals and contractors that gives them the background and foundation to form decisive conclusions as to the origin and cause of any deficiencies and their relationship to professional liability.
Builders Risk

When construction projects are damaged by severe weather, fire, flooding, or other events, Rimkus responds quickly to assess site conditions, determine the cause of loss, and recommend plans for recovery and business interruption mitigation. Our team of engineers, architects, and construction professionals has evaluated every aspect of design and construction. We review construction documents, performance standards, codes, and related requirements in order to isolate the extent of damage, develop remediation plans, and provide cost-to-repair estimates consistent with scope of damage to jump start the recovery process for minimizing construction delays. When the need arises to mitigate loss and expedite reconstruction, Rimkus responds to the challenge by providing remedial design, permit drawings, construction estimates, and construction management services to get the project back on track. Working in conjunction with our engineers and architects, our construction managers assess repair costs, soft costs, and delay claims to evaluate the overall loss. We also examine overhead, profit, and other related costs to eliminate duplication and properly separate costs related to the claim event from other activities.
Vibration Claim Analysis

Rimkus specializes in pre-construction condition surveys, as well as construction vibration monitoring through each phase of construction to help minimize contractor’s risk of property damage claims. Our pre-construction surveys provide our clients with documentation of the pre-existing distress to buildings and structures near the construction site. With this documentation, our clients can significantly reduce the risk of exposure to property claims and legal disputes. With the use of vibration monitoring and recording equipment, our team of engineers and scientists determine the severity of construction vibrations generated by various construction activities to provide valuable information for determining acceptable levels of vibration throughout construction. Our team works closely with our clients to determine alternative construction means and methods to help reduce the effects of vibration on structures in close proximity to the construction site. When property damage claims do arise from property and business owners adjacent to construction sites, Rimkus evaluates the reported damage, analyzes the vibration severity, and assesses the contributing factors in order to define the origin and cause of the damage. We also develop repair protocols and cost estimates to address the damage that may have resulted from the construction activities.
Construction Equipment Failure

Contractor equipment breakdowns, fires, and equipment damage lead to lost productivity and profits for contractors and construction owners. When unexpected fires cause equipment damage, our certified fire investigators can provide an emergency response to the scene to determine the cause of loss. When equipment malfunctions, Rimkus assigns qualified engineers and experienced equipment specialists to evaluate the root cause of the problem. They can determine the extent of damage, as well as make recommendations for repair and replacement to get the equipment back up and running. Rimkus can also determine if problems were related to improper design, operation, use, or maintenance. With extensive experience in heavy equipment failure analysis and testing, Rimkus can help mitigate the damages associated with construction equipment failures and point the way to recovery.
Crane and Rigging Failures and Accidents

Crane and rigging failures and accidents may result in devastating damage to buildings and property, personal injury, and even death. Rimkus crane experts are certified as crane and rigging inspectors. They have extensive knowledge and background in lift planning, crane operation, safety regulations, and industry standards. Our experts are prepared to deploy quickly to a site when an accident occurs to document conditions and preserve evidence. Rimkus analyzes the incident from beginning to end, including crane maintenance and inspection records, pre-lift coordination, crane positioning and stability, load weights, load balance, rigging methods, equipment, signal persons and methods, weather and environmental conditions, and crane configuration to determine the cause of the failure. Our materials lab and experts can determine the cause of component failures including wear-and-tear, corrosion, fatigue, and over-loading. Our analysis includes an evaluation of OSHA regulations, ASME standards, and other industry guidelines. Rimkus provides evaluation and analysis of repairs necessary to return cranes to operation, and the cost associated with those repairs.
Construction Surety Bond Claims

When financial challenges threaten project completion, our surety experts at Rimkus responds to evaluate the construction project risks and assess the financial status of contractors and subcontractors. Our team has experience in the resolution of payment and performance bond claim matters involving universities, city parks, prisons, hospitals, assisted living centers, industrial plants, and other types of projects. Rimkus assists sureties by determining the project status and finding ways to get the project back on track. With decades of experience in surety defaults, Rimkus provides cost-to-complete estimates, project scope, re-let documents, bid supervision, project monitoring, and project management to guide the way to completion. When payment bond claims arise, our licensed experts can assist in investigating, analyzing, and adjusting payment bond claims in compliance with the state department of insurance regulations, state government, property codes, as well as federal and state statutes.
Standard of Care

When standard of care questions arise regarding design and construction, Rimkus has the answers. Our team of experts have the real-world experience of working as General Contractors, Specialty Subcontractors, Construction Managers, Safety Directors, Architects, and Engineers to evaluate the actions of the various parties. Rimkus experts participate actively in trade organizations and industry groups. We know the latest construction technology and the current best-practices in use at construction sites around the world.
Subcontractor Default

A subcontractor's default on a construction project can be devastating to the success of a project. Rimkus experts set the standard for analyzing the impacts a default has on a project’s schedule and cost. Our experts step in and help get the project back on track. Our independent analysis helps contractors, owners, and claims administrators alike understand the costs associated with the default and how to track them. Our understanding of construction costs, both direct and indirect, and our vast experience analyzing and managing subcontractor defaults brings clarity and rapid resolution to these difficult circumstances.
Forensic Delay Analysis
As with any construction plan, there is always a risk that unexpected events will disrupt the plan and result in delays. Schedule delays can often lead to disputes and claims, which can become contentious. Our forensic delay analysis experts can quantify and determine the cause and responsibility for delays on a project. This Critical Path Method of scheduling analysis is well received in deciding legal claims for construction delays. Rimkus can assist with defaults on or performance of contracts, including:
- Assignment for the benefit of creditors
- Delaying progress of work or furnishing of materials, labor, equipment, or services
- Failure to appear at the site within the time period prescribed in the contract
- Failure to comply with contractual obligations
- Failure to employ sufficient labor, materials, equipment, or services to the satisfaction of the owner or contractors
- Failure to pay subcontractors in a timeline manner
- Insolvency or inability to meet obligations
Dispute Resolution
Dedicated to maintaining consistent lines of communication with clients, our experts get to the bottom of problems quickly so that claims and disputes are resolved accurately and cost effectively. By fully understanding industry practices, they offer a thorough knowledge of contractual issues while working to isolate the facts and explain precisely what happened. Rimkus’ worldwide experience encompasses all types of residential, commercial, and industrial construction projects, serving construction owners, design professionals, contractors, building trades, equipment manufacturers, and product suppliers. We take part in global dispute resolution (mediation, arbitration, and litigation), providing detailed reports, assisting from early discovery through settlement discussions, offering litigation support, and delivering expert witness testimony. To support clients throughout litigation, our graphic artists, engineers, and scientists collaborate in producing effective demonstrative evidence and trial exhibit presentations. Combining scientifically based information with forensic animations, graphic arts, working models, site photography, and visual presentations, we deliver clear and reliable evidence so juries can comprehend even the most complicated information. Dispute resolution services include:
- Case Strategy Development
- Evidence Management
- Expert Witness Testimony
- Negotiation Support
- Testimony Analyses
- Trial Exhibit Development