Pursuing or Defending Construction Claims

Labor, material, and equipment cost overruns, losses in productivity, as well as time related damages such as jobsite overhead or general conditions expenditures form the basis for many construction claims or requests for equitable adjustment to contracts and subcontracts.  Effectively preparing and prosecuting a construction claim requires developing appropriate entitlement arguments and implementing suitable methods to quantify damages sustained that are based on contemporaneous project documentation.  Our construction lawyers have the experience and knowledge required to advise and assist with the claim preparation or defense process.

At the Herrig & Vogt law firm, we represent construction clients throughout California, Washington, Nevada, Utah, Alaska, and Montana from our offices in Sacramento and San Luis Obispo California and from our Washington offices in Kennewick and Redmond. We are more than construction lawyers. Many of our attorneys and our construction analysts have first-hand experience managing and administering large and complex construction projects.  We understand what is required to prepare and document a demand for additional compensation and claims on public, governmental, and private contracts.  As a corollary, we also know how to defend against claims that do not meet the requisite standards to succeed.

Our in-house consultant and claims analyst, Gregg Gottgetreu, is often retained by other law firms to evaluate their clients’ claims, to present their positions to yield the best return on their litigation investment, and to develop expert reports as necessary in the pursuit of resolving their disputes.  Mr. Gottgetreu has also acted as an expert witness defending owners, sureties, and general contractors from unreasonable demands from adverse parties.

• Claim preparation and prosecution: Our construction lawyers have decades of claim preparation experience. Once our attorneys have reviewed project documents, critical path schedules, and job cost data, we will quickly implement the most appropriate claim process and pursue it against the appropriate responsible party.
• Claim defense and resolution: Decades of claim preparation experience have given our attorneys a tremendous advantage in effectively defending against claims.  Knowing what documentation to review, what questions to ask, and having the ability to quickly decipher what actually happened on the project through evaluation of daily reports and analysis of project schedules are key to effective claim preparation, presentation, and resolution.
• Claim related experience: Our construction attorneys have the experience and understanding to effectively address the complex issues associated with proving and defending claims, including:
• Delay claims
• Loss of efficiency claims
• Termination for cause and convenience claims
• Acceleration and Overtime claims
• Differing site condition claims
• Abandonment claims
• Claims for extra and changed work scope
• Change order proposals
• Lost profit claims
• Cost of funds/interest claims
• Attorney fees and claim prosecution recovery
• False claims

Sometimes it can be difficult for contractors, owners, and architect-engineers to explain the day-to-day workings on a job site to legal counsel who may not have a construction background, but at the Herrig & Vogt law firm, you will find that our construction law attorneys and in-house claims analysts have the experience, knowledge, and technical acumen to communicate clearly with your project and corporate personnel, as well as your opposing party, to aggressively pursue your claim and effectively reach fair and beneficial resolution to your construction dispute. We understand your challenges and we help our clients succeed.