Integrated Forensic Engineering AND Construction Claims Backed by integrity

CONSTRUCTION CLAIMS SERVICES

Haag Canada consolidates traditional construction claims and forensic engineering subject matter experts to provide independent counsel on claims covering all industry sectors. The consolidation of quantum, scheduling, forensic engineering and risk management strongly positions Haag to provide streamlined, unbiased service to insurance and legal clients, as well as owners, developers and contractors.

Applicable construction sectors include, but are not limited to:

• Residential
• Commercial
• Heavy civil
• Industrial
• Environmental
• Energy
• Mining

While the Construction Claims group supports all of Haag Canada’s five core services, the following outlines specific capabilities across a wide range of claims services, including:

FORMAL DISPUTE RESOLUTION

Forensic engineering

Claims Mitigation, Planning & Preparation

Risk Management & Mitigation

Formal Dispute Resolution

New forms of dispute resolution – and more specifically, adjudication – are being widely adopted across the country to improve the flow of payment and alleviate demands on the court system. Our experts have worked extensively in global markets where adjudication has been practiced for over 20 years, which strongly qualifies Haag to advise during proceedings. Our experts help clients to navigate and simplify these instances when disputes seem intractable by clearly identifying the facts. Working collaboratively with your team, we provide valuable resources and expertise to guide you towards an economic and equitable resolution. Dispute capabilities include:

• Expert witness testimony and reports (preparation & rebuttal)
• Alternative dispute resolution
  1. Arbitration
  2. Adjudication
  3. Mediation
  4. Litigation

Forensic Engineering

If confronting the impacts of a catastrophic loss, structural collapse, construction defect, engineering failure or construction accident, our highly qualified engineers will effectively identify the steps required for an in-depth forensic investigation. We isolate the root cause(s), quantify loss and specify remediation. Investigations typically include:

• Assessment of cause(s) and extent of loss
• Engineering report and drawing preparation
• Subrogation investigation
• Scope of loss remediation and quantification

Claims Mitigation, Planning & Preparation

Whether seeking to avoid, defend or prepare a claim, our experts are ready to assist. With a deep understanding of all claim types, we offer an impartial perspective and a clear path forward so clients may achieve an optimal outcome. Our services encompass:

• Delay Claim Preparation & Defense
1. Disruption
2. Acceleration
3. Prolongation
4. Lost productivity

• Quantum Assessment
1. Liquidated damages
2. Defect liability
3. Loss evaluation
4. Remediation claims

• Change Management
1. Impact of change, cost entitlement, impact analysis

• Business Interruption Assessment
1. Economic loss
2. Establishing recovery costs
3. Force-majeure support
4. Duress assessments

• Adjudication and prompt payment support
• Scheduling
1. Recovery & acceleration programs
2. Progress updates
3. As-built updates
4. Project closeout / as-built programs
5. Extension of Time Submissions

Risk management & mitigation

Every project carries risks and opportunities. Those risks can never be fully eliminated. Common sources of risk resulting in a claim, particularly amid the pandemic, are fluctuating material costs, supply chain disruption and productivity losses. Anticipating these risks enables management strategies to be implemented to minimize negative impacts to the project. Haag’s experts can complete a gap analysis to identify areas of potential risk and recommend strategies to enable our clients to effectively manage risk and ensure optimal project performance. Risk management services include:

• Third-party project oversight
• Ongoing progress reports on time, cost and status of insured/uninsured works
• Critical path analysis
• Reoccurring schedule reviews
• Claim strategy counsel
• Negotiation documents (preparation and rebuttal)
• Correspondence preparation
• Reinstatement support
• Schedule recovery

Covid-19 impact

The COVID-19 pandemic has had a significant impact on the industry, which continues to reverberate. Issues such as free movement of labour between provinces and territories, sourcing materials domestically or overseas, and enhanced on-site safety measures, to name a few, can cause added cost, delay and disruption to a project and result in a claim. Common impacts include:

• Loss of productivity
• Project disruption