 |
 |
| |
The construction industry has long used experienced, “gray hair” individuals to help "break through brick walls" to resolve disputes and solve problems. Given our technical backgrounds, legal experience, and broad understanding of the construction industry, we are well-positioned to provide third-party neutral services, such as:
- Serving as an arbitrator.
- Serving as a member of a dispute review board.
- Providing peer/neutral reviews of the opinions offered by project management, outside counsel, or forensic experts.
- Providing early neutral evaluation of a dispute on behalf of all the parties involved in the case.
We encourage clients to consider the benefits of peer/neutral reviews. Frequently, clients and their external advisors become overly convinced of the strength of their positions. They are too close to the facts and too deeply invested emotionally in the “battle” to be objective about how to proceed toward an effective resolution. By using our expertise, a client is able to obtain an objective assessment of its position and then make a real-time, informed decision as to what course of action to take. To avoid conflicts of interest, Capital Project Strategies will generally have no further role in the matter once a peer/neutral review has been undertaken.
Similar benefits can be achieved when we are retained by all parties involved in the dispute and charged with delivering an independent, third-party analysis of the case. This is frequently requested at an early (pre-discovery) stage of the dispute, with each party sharing its internal and discoverable information with us (as the neutral) and the other parties. The parties enjoy the benefits of very early neutral evaluation, with little money spent in developing the case. This is especially appropriate when insurance funds are involved and there is a possibility that defense expenses will erode the ultimate money available for settlement.
|
