Claims Consulting & Dispute Management
The Claims Marketplace
WCD Consultants are experts working through the interrelationships and dependencies among the involved parties, within the context of a construction, real estate development, or environmental remediation project. The scenarios under which a claim can arise are many. As an example, they can result from an unanticipated, unexpected or unintended event, finding or occurrence. They can result from cost over-runs, change orders, or contract breaches, or they can result from claims against insurance policies. Additionally, the prevention or avoidance of a claim will also engage many of the same professionals utilized in the actual claims process.
The Claims Support Professional Association states, “The handling of environmental issues or claims has become a highly specialized process. Due to the broad spectrum of environmental protection situations, the need for highly specialized experts, with the capabilities and commitment to emergency action, cause and origin investigation, mitigation planning and project management, has become a critical requirement to meet the ever-growing demands to protect the environment worldwide." This is the valuable role WCD plays in these complex and technical circumstances.
The diagram below depicts some of the likely parties involved in environmental claims and disputes. The rectangular boxes illustrate the direct relationships. A claim could involve two, three or even all four parties. Of course, the permutations and combinations depend on the specifics of any given issue. The ovals illustrate some of the associated parties to these claims. Their involvement can be supportive or primary, internal or external, direct or indirect. In nearly every potential scenario below, a WCD environmental consultant and specialist can be involved to support the interests of the eight identified constituencies.
- Construction and Remediation Program Review & Analysis
- Position & Strategy Development
- Discovery & Litigation Support
- Expert Testimony
- Claims Avoidance Consulting and Training
The process of building design and construction establishes potential liability to architects, engineers, contractors, as well as their insurers for indoor or site contamination arising from a variety of unknown conditions, building failures, or catastrophic events. Extensive (and often excessive) environmental sampling data is often unchallenged and may be inaccurate or leading to false claims. What were formerly construction, flood, or fire claims become potential environmental claims. WCD provides comprehensive services for the following:
- Claims analysis and strategy
- Post environmental event sampling to characterize the nature and extent of contamination (i.e., asbestos, fiberglass, PCBs, mold, soot, metals and fire debris)
- Identification of root cause analysis
- Building system failure analysis
- Analysis of environmental sampling and remediation protocols
- Cost impacts and assignment of damages
Environmental claims on construction and remediation projects are based on the analysis of the project participants’ scope, schedule, costs, contractual requirements, risk transfer mechanisms and ability to perform. While the circumstances surrounding each claim are unique, the process for managing a claim is consistent and includes:
- Building and Site Surveys
- Analysis of Defects and Causes
- Critical Design/Construction Document Analysis
- Data and Situation Analysis
- Analysis of Roles and Responsibilities
- Expert Reporting
- Strategic Advise and Consultation
- Depositions, Support, and Trial Preparation
- Expert Testimony
