Foreword

(by Sean M. Foster, Founder/CEO)

“From the word forensic we understand this is the application of scientific knowledge as relates to legal issues. Nevertheless, this is applied science. Over the last two decades I have studied, adopted, and adapted forensic principles and methodologies for use in construction estimating. Especially as it applies to change order work and construction claims.”

application

The process of determining causation and reasonable value of various types of construction claims. we apply specific techniques to analyze and establish the cause and effect of construction claims, and to prove the reasonable value of any associated changes or claims by the preponderance of the evidence. Burden-of-proof is generally established by presenting evidence that is slightly more persuasive (or 51%) over the opposing party. Our goal is to surpass the threshold of 51% for confidence and assurance.

claims

When dealing with a construction claim, our approach is to start by looking at three main issues: 1.) any entitlements or a claimant’s contractual or legal right to pursue a claim 2.) demonstration of the link between cause that initiates a claim, the resultant effect or cost, and any impact of time precipitating from the cause 3.) establish evidence that there was a real cost impact and what the reasonable value is.

Diligence

If a forensic estimate includes costs that are not properly supported by an analysis of the related cause and effect, or includes costs for which there is no entitlement, then the credibility of the individual or organization preparing such document(s) may be seriously damaged. This will be especially true when they attempt to make a persuasive presentation in negotiations, mediation, arbitration, or court proceedings, etc.

outcome

THE GOAL: to find out who did what, to whom, when, where, why, and the value/impact of a claim—to all affected parties of a contract.