Evidence Management
Successful negotiations and dispute resolution are dependent on assembling facts to support and defend allegations. The proof or evidence required to win in construction disputes will be culled from the enormous collection of project documents and data.
MDCSystems® develops, implements, and maintains evidence management systems for clients that combine project documents, deposition testimony, questions and answers to interrogatories, reports and other compilations of fact into a logical arrangement. Even in a meritorious case, winning is contingent upon the litigation team knowing the evidence well enough to use it advantageously.
MDCSystems® evidence management systems can be manual or computerized depending on the volume of pertinent information and the financial value of the claim. MDCSystems® utilizes high-tech digital imaging and Optical Character Recognition (OCR) retrieval technologies for the largest disputes.
Our evidence management system promotes efficiency, allowing clients more time (and money) to focus on key issues and analysis.
MDCSystems® has an exemplary 50 year history of analyzing, evaluating, resolving, and preparing construction claims and disputes. Our seasoned professionals bring their experience from the world of design and construction along with years of expertise in analyzing disputes. From our early beginnings in scheduling and schedule analysis to our in-depth technical expertise, MDCSystems® professionals deliver the knowledge, experience, and credentials to effectively and efficiently evaluate construction claims, analyzing schedule, performance, cost, or standard of care issues.
Our experience includes developing and responding to schedule delay and acceleration claims, differing site condition evaluations, Standard of Care analysis, complex systems and process failures, construction safety incidents, and construction site claims of all natures.
Challenging technical and management issues arise every day on engineering and construction projects. These challenges can either be successfully managed or lead to critical failure. MDCSystems® provides clients with comprehensive expert assistance to effectively navigate today’s complex construction projects using the following key steps:
Preliminary Assessment
MDCSystems® experience allows for an expeditious project overview identifying the strengths and weaknesses of each relevant issue and recommending approaches that strengthen our clients’ position.
Fact Finding
MDCSystems® harvests all available pertinent data to document technical issues, schedule performance, and management. We assist clients with document discovery, document management, and strategy development for depositions. We also develop interrogatories, responses to interrogatories, and other facets for the discovery process.
Expert Analysis
MDCSystems® utilizes systematic methods of investigation to determine the facts and validity of each party’s allegations. Where appropriate, schedule analysis tasks include establishing the As-Planned and As-Built Schedules and preparing a Time Impact Analysis (TIA®). These and other fact-based models provide a basis for determining the responsible party and the allocation/quantification of costs and damages.
Presentation of Findings
When required, MDCSystems® prepares expert reports. Our expert witnesses have assisted at mediations and testified in depositions, arbitrations, and at trial. MDCSystems® also develops state-of-the-art demonstrative evidence for courtroom presentation.
Design-build claims have become increasingly more common as a method of project delivery. MDCSystems® has experience with the types of unique claims that are now emerging on these projects. Standard of Care claims are frequent and MDCSystems® has successfully assisted clients in resolving such disputes. MDCSystems® understands the complexity inherent in these Standard of Care situations, and through our knowledge, MDCSystems® can resolve many of these disputes quickly by providing factual review and analysis of the drivers of the dispute.
Our licensed professionals have years of experience in understanding and interpreting Standard of Care for Architecture and Engineering. Based upon our success and history, you can trust that MDCSystems® has the knowledge, experience, and credentials necessary to provide the timely and cost effective services that will allow your project to overcome these issues.
MDCSystems® provides in-depth damage analysis and valuation associated with construction claims including labor productivity and inefficiency, extended duration, acceleration, home office overhead, and re-work costs. MDCSystems® can also assist in diminution of value, business opportunity, loss, and liquidated damages analyses.
