Productivity Loss
In construction, it is inevitable that delays, changes, work conducted out of sequence, overtime and other disruptions can impact labor productivity.  This can negatively affect schedules and increase productivity loss claims.  Imburgia Consulting is highly knowledgeable and experienced in all aspects of productivity loss claims and employs numerous methods to analyze, demonstrate or disprove contractor claims on production losses.  We are also expert witnesses should a claim proceed to litigation, arbitration, mediation or negotiation.

Expert Witness Testimony
Construction disputes are increasing in complexity and require expert witnesses who bring knowledge and experience in the construction field, and can provide objective opinions in legal cases between contractors, construction companies and clients.  Imburgia Consulting’s president, Steven Imburgia, is a sought-after construction expert witness, thanks to his extensive background as a construction engineer, manager and consultant.  Should a dispute move to court, Steven’s 35+ years of experience can aid in solving or proving clarity in construction legal issues.

Request for Equitable Adjustment (REA)
A Request for Equitable Adjustment, also called an REA, is an official request from a contractor made to a contracting officer requesting a contract price change due to unanticipated issues that can arise during a project.  Imburgia Consulting can advise contractors about filing REAs when unforeseen problems occur, particularly in cases where a contractor is unable to negotiate a new increase in price and time with the contracting officer.  There are four types of REAs: default, where a contractor refuses or fails to prosecute work within the agreed time frame; differing site conditions, where the physical conditions of the site differ materially from that specified in the contract or unknown physical conditions at the site differ from those ordinarily encountered for said project; unforeseen or unintended changes, which results in an increase or decrease in costs and thereby requires the contract to be adjusted and entitles the contractor to be compensated; and suspension of work, when the performance of all or any part of work has been suspended, delayed or interrupted for an unreasonable period of time.

Construction Accelerated Claims
A Construction Accelerated Claim is made when a contractor is forced to complete work on a projected earlier than the contracted deadline and therefore may be entitled to additional compensation.  The two types of accelerated claims: Actual Acceleration, when a contractor is directed to pick up the pace of the project; and Constructive Acceleration, when a contractor is entitled to a time extension but the client refuses to give a time extension and demands that the contractor finish the project by the original agreed deadline.  Imburgia Consulting can help you navigate the two different types of claims.

Construction Defects
Construction defects are deficiencies in the construction process that do not meet the requirements or expectations of the contract.  These can include deficiencies in design, materials, specifications or workmanship and can cause damage to a person or property.  A construction defects must include all three deficiencies: a deficiency in the construction process, including design, materials or workmanship; a deficiency that leads to a failure to the structure; and a deficiency that causes damage to a person or property, be it financial or otherwise.  Deficiencies can be as simple as falling short of a client’s expectations or as serious as a structural defect. Some defects are patent – that is, they are discovered immediately.  Others are latent and may not be apparent for years, such as the case where settlement leads to cracks in a foundation.

Imburgia Consulting can help you wade through the complexities of handling construction defects and help determine whether or not your project meets the expectations of the contract and where the defects may be.

Standard of Care
Construction sites are risky places, and those on the site risk injury or harm.  This is why it is so important that a construction manager recognizes potential risks, including risks to equipment, tools and the overall site.  Ways to prevent hazards is to make sure all personnel have proper training, all equipment and tools are well maintained and in good working condition, and encourage workers to report any concerning working conditions.  Walk-throughs of construction sites can help spot any safety issues.  Imburgia Consulting are pros in identifying concerning practices that can negatively impact projects and employees. We can help you make sure that workers are trained in safety processes and requirements, and help your company develop daily safety plans.

Construction Damage Assessment and Quantification
Construction projects are often plagued by schedule delays, accelerations, productivity losses, work changes, construction defects and other cost impacting issues.  This often leads to one party seeking to recover damages.  It is often a complex and time consuming procedure.  Imburgia Consulting can help to simplify the process of reviewing and recovering damages by identifying, evaluating, quantifying and presenting damages associated with construction claims and cost overruns, and assisting in resolving disputes.  We do this by analyzing contracts, bid estimates, change orders, payment applications, job cost reports, vendor/subcontractor invoices, progress tracking sheets, and correspondence.

Construction Claims Management
Construction Claims Management is the process of identifying, documenting and pursuing compensation for delays, costs excesses, and additional unexpected expenses that can financially impact a construction project.  These claims can be do to changes in the extent of the work, design issues, poor coordination, unexpected site conditions and material delays.  Construction claims can be complex and time-consuming, but Imburgia Consulting can help your company to navigate disputes so that your process is proactive rather than reactive, leading to negotiations and resolutions, and you avoid or mitigate disputes, save time and money, and protect your reputation.

Schedule Delays and Disruptions
Schedule delays and disruptions both involve a loss of time and potential costs, but the two concepts differ in that a delay results in a total loss of time and a disruption represents a proportionate loss, such as a loss in productivity or efficiency leading to additional expenses.  Delays usually mean a delay in the completion date of a project, whereas a disruption may or may not cause a delay in the completion date but can result in additional costs in terms of labor and materials.  Imburgia Consulting can help you determine which events have led to loss and expense, identify the events that have caused disruption, and determine if the disruption has caused a loss and/or expense to your company in order for you to file a claim.