Legal firms have engaged a DMA Dispute Management and Avoidance lead expert as an in-house consultant to deliver strategic analysis and effectively manage cases upon request, while not serving as the expert of record.
- Collaborate with attorneys, owners, and contractors to help them draft or revise construction-specific specifications, terms, conditions, and contract clauses, making them more concise and less open to interpretation in the future.
- Assist attorneys, owners, and contractors in drafting arbitration clauses tailored to their specific trade or business which specify the use of industry experts as arbitrators in the event of a dispute.
- Expert Advisor: Perform an initial review and site inspection to provide preliminary verbal analysis to attorneys to determine if they should take a case or not.
- Paid by the hour – no retainer.
- Construction Defect consulting.
- Review all contract documents, including the contract, specifications, plans, RFIs, Change Orders, photos, and communications.
- Compile executed contracts and Change Orders to determine the (Total) “Contract Price”.
- Compile and account for all payments made towards the contract price.
- Assess remaining payments that would have been due if the project was completed satisfactorily.
- Provide additional site inspections as required.
- Provide destructive testing if and as required.
- Identify any incomplete or incorrectly completed portions of the Contract Work that are not in accordance with the contract documents.
- Create a detailed report outlining the findings and recommending the necessary remedial work to complete or repair the project.
- Provide estimates for the work needed and the required repairs.
- Based on these estimates, deduct the cost of completion and repairs from the original amount due (had there been no issues) to determine if one party owes the other, and specify how much is owed.
- Oversee the case by steering the legal team to focus on the merits of the case.
- Assist with the hiring of the Experts of Record for the case.
- Organize and manage the creation of courtroom animations when required.
- Organize and direct the destructive testing when required.
- Act as the technical liaison between the law firm and the client.
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