Construction Expert Witness

Construction Claims, Construction Defect, Construction Delay, Construction Schedule Expert, Critical Path Expert

Construction Expert and Construction Expert Witness Offerings,

Construction experts analyze construction and building defects, engineering defects, standard of care defects, fabrication defects, equipment failures relating to construction and the like. These matters typically involve project management, construction delays, contract defects, critical path, construction schedule, and substantial completion issues etc. In many instances, these cases involve numerous technologies and disciplines. In a recent construction claim matter, Cogent prevailed for a client involved in the fabrication of steel structural equipment in a commercial / industrial facility. In this case, issues relating to contract documents, as built drawings, structural stability, equipment failure analysis, corrosion, coatings, HVAC, welding, equipment repair were evaluated. Cogent presented our expert report with a holistic analysis of the matter clearly showing that fabrication performed by our client was sound and easily met the engineering and manufacturing standard of care. This matter successfully settled pre-trial during depositions. In many cases, Cogent provides holistic analyses of construction defects including contract and project documentation, mechanical, electrical, plumbing (MEP), fabrication, equipment and systems, architectural, chemical & process engineering, structural design, fire and life safety systems, facilities, power and utilities etc. Cogent has the ability to analyze these based on our extensive field, engineering and home office (E&HO), and commissioning industry experience in a wide variety of facilities, fields and applications.

Construction Expert Qualifications

Without proper technical training and field experience, many experts in the construction field will likely fail to identify and articulate the key aspects of a construction defect and/or claim. Cogent Experts, LLC headquartered in the Philadelphia Main Line area, has extensive technical experience in a multitude of and industries and applications. Cogent also has excellent computer skills, which are required for modern construction efforts including computer modeling, Building Information Modeling (BIM), 3D Modeling, 3D Design, construction, engineering, project management etc. Cogent realizes how BIM can be a great tool when properly used by qualified individuals. However, if not managed and used properly, BIM can lead to many construction defects and delays. Communication around BIM inputs, edits and modifications is a necessity in todays modern world. Cogent has the requisite practical and technological experience in various engineering disciplines including mechanical, electrical, plumbing / piping, structures & building envelopes, chillers / chilled water systems, utilities, energy, HVAC, refrigeration, ductwork, structural steel, electrical, civil to understand and assist in your construction claim.

Construction Defect Expertise

Experts from Cogent have been involved with construction defect and delay cases in many venues including: hotels, condominiums, churches, industrial facilities, commercial facilities, warehouses, government facilities, supermarkets, manufacturing facilities, petrochemical facilities, hospitals, roadway and highway matters, distribution centers and residential matters. In some cases, construction and engineering standard of care defects arise fundamental errors. In other matters, defects arise from very complex and technical issues, in many cases ignored until too late in the construction process.

Construction Delay Analysis

Construction delay claim analysis by a construction expert is an important step in a legal proceeding. Mainly, as the construction process is complex, determining and proving a construction delay claim requires a construction expert with deep understanding of project or process. This expert witness is a great advantage in a construction claim case relating to project management, facility owners, architects, engineers, contractors and subcontractors. Chiefly, this construction claims expert should have a firm understanding of critical path delays, construction scheduling, substantial completion, standard of care engineering, project management, change orders etc.

Building Information Management Experts & Coordination Experts Delays

Many aspects of modern construction projects are developed in Building Information Modeling programs (BIM) to aid in the design and engineering part of the process. BIM is also a great tool to manage coordination and routing between various disciplines of the project, such as electrical wiring, structural steel, HVAC systems and ductwork, piping / plumbing. Cogent has extensive expertise with these systems and can assist in your construction defect or delay matter stemming from BIM.

As you would expect, a critical delay is a delay determined by a construction claims expert by analyzing project milestones and the overall project completion date. It is important to note that a critical delay is generally not correctable in that extra time will be added to the project schedule. In essence, a critical delay is a delay that affects the critical path timeline (and overall timeline) of the project. CPM or Critical Path Methodology is used to analyze a project, or portions thereof, to determine which activities are on the critical path schedule. This requires

Lastly, impact of a delay claim is typically developed on a multitier classification system where the construction expert witness analysis provides answers to a relevant questions. The general types of schedule delays for construction projects includes: Critical Path and Non Critical Path, Excusable Delay and Inexcusable Delay, Compensable Delay and Non Compensable Delay.

xcusable or Inexcusable Delay? What does the Construction Expert say?

Following the determination of whether or not an activity in a construction delay is critical, a construction expert determines whether or not the delay is excusable. For excusable delay, it may be a delay that will allow the contractor: Extension of Time, Compensation for Costs, or both. However, inexcusable delays related to the project are delays where the contractor was fully responsible for the extension of the project schedule / duration. In this case, the contractor will be liable for any additional costs and/or damages related to the delay. Typical inexcusable delays relate to poor planning and scheduling by the contractor. Lastly, failing to obtain proper permits or procure equipment by the contractor in a timely fashion is also common.

How a Construcion Damages Expert Witness Defines Compensability

Additionally, analysis to determine whether or not the delay is compensable or not is performed by a construction expert and/or counsel. This may include analysis by a construction damages expert. Generally compensable means whether or not the party affected by the delay, such as the project or facility owner, should be compensated by an extension of time or compensation for costs relating to the delay, or both. As an example, excusable delays are generally compensable where a given contractor may receive an extension of time or additional costs compensation. However, in the instance a given contractor is at fault for the delay, the delay will likely be non-compensable subject to the terms of the construction contract. Know your construction contract!

AIA - American Institute of Architects Construction Delay Information

Construction Claims Expertise Requirements

While there are numerous ways to defend construction delay claims, there are few defenses used somewhat routinely:

Project Management

Project management expertise requires both technical and management skills including communication and the ability to analyze documents, schedule and costs.

Contract & Project Documents

In many cases, project documents contain information that will aid in determining a defect in construction and or construction design. It requires a skilled eye to understand the key aspects of a legal claim to develop both defenses and counterclaims in a given construction defect matter.

Technical Expertise

Engineering and design is one area where Cogent clearly outshines our competition. With extensive technical training and real world industry experience, Cogent will develop a strong understanding of the technical aspects of a construction claim.

Analysis Experts

Cogent has developed and utilizes proper analysis techniques required to truly understand, defend and claim construction defects.

Contact Cogent today to discuss your case and we will give you our honest opinion on the matter.

Expert Witness and Forensics Industry Experience:

Consumer and Household Products – Stucco - Stucco Remediation - Construction Failures - Injuries - Information Systems (IT), Web & Internet Technology - Programming and Apps - Mechanical & Electromechanical Products – Tools – Power Tools – Physical Therapy Devices – Electronics – Safety and Construction Products – Automotive – Lawn and Garden – Heavy Equipment – Apparel – Paper and Textile Products – Machinery and Machine Tools – Software and Apps – Instrumentation Components – Building Materials – Insulation – Roofing Products – HVAC - Agricultural – Herbicides – Plastics – Polymers – Packaging – Specialty Products – Energy and Sustainability Products – Supermarkets – Refrigerants – Inks and Pigments – Facility and Real Estate Solutions – Chemical Applications – Military Products – Retail – Commercial and Industrial Products – Process Industry – Toys – Games – Furniture – Ergonomic Devices – Child and Baby Products – Batteries Power Supplies – Petrochemicals – Pharmaceuticals – Athletics – Coatings – Resins – Paint – Metallurgy – Farm and Agricultural – Biosciences – Materials

Expert witness and Forensics engineering