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Dispute Resolution Services

For more than twenty-five years clients have relied upon our professionals for the objective perspective and analytical expertise we bring to the evaluation of technical, schedule, cost, and management issues; our knowledge of industry standards of practice; comprehensive litigation support; and credible Expert Witness Testimony.

Working on behalf of plaintiffs and defendants we have provided Dispute Resolution Services on hundreds of projects worldwide, across a broad range of infrastructure, power, commercial, environmental, transportation, healthcare, hospitality, detention, and industrial projects, as well as complex development and acquisition programs. 
Our Dispute Resolution Services include:

  • Technical, Schedule, and Delay Analysis

We are design and construction professionals, with extensive experience in CPM scheduling, schedule delay and disruption analysis, and the resolution of claims and disputes; professionals who possess an in-depth understanding of this complex field, including the subtleties and gray areas that often determine the outcome of a dispute.

Our schedule delay analyses typically compare planned versus actual design and construction performance on a chronological and cumulative basis, measuring the impact of critical delays in the work on a project as of various “milestone” points in time.  This approach is consistent with a line of cases in which courts and boards have recognized the propriety of utilizing retrospective time impact analyses to evaluate delays against the as-built critical path to project completion and apportion responsibility for delays between the parties.  Based on our reconstruction of project events we also evaluate acceleration and loss of productivity claims, as well as designer and construction manager performance. We present our findings in detailed reports that include supporting documents, exhibits and graphics

  • Cost and Damages Analysis

Drawing on our experience in cost analysis and auditing, we have quantified damages associated with equitable adjustment requests and claims across a broad range of construction and government contracts. Or services have included damages calculation, cost auditing, and the evaluation of accounting practices and systems. Damages elements we analyze include unresolved change proposals, balance of contract payments, unabsorbed fixed plant overhead, extended field and home office overhead, labor and material escalation, increased financing charges, cost of working capital, lost profits, and interest.

  • Litigation Support

We provide a full complement of litigation support services that span discovery, pre-trial, trial, and post-trial activities. Working closely with counsel, we have actively participated in document acquisition and organization; preparation and answering of technical interrogatories; development of deposition questions for fact witnesses and experts on the opposing side; and attendance at the depositions of both fact and expert witnesses depositions.

Our pre-trial activities have included preparation of demonstrative evidence, analysis of opposing expert reports, and preparation of questions for use in cross-examining witnesses.

  • Expert Witness Testimony

In a dispute involving technical issues; schedule delay and disruption; standards of practice in construction and project management; and economic damages, the decision by a client and its counsel regarding the selection of an expert to testify is central to achieving a Successful Outcome.  A command of the subject matter, credentials, professional experience, and the ability to translate and present complex claim issues and analyses in a clear, concise, understandable, manner are essential characteristics of a testifying expert.  A testifying expert must also possess the poise and discipline to withstand the rigors of cross-examination.

Our testifying professionals possess these characteristics, along with a wealth of hands on experience in design, construction, construction and project management, and claims and disputes resolution.

Barba Consulting’s professionals have testified successfully on an extensive range of issues in various legal forums, including Federal and State courts; the U.S. Court of Federal Claims; the Civilian Board of Contract Appeals (CBCA); the Armed Services Board of Contract Appeals (ASBCA); the Department of Transportation Board of Contract Appeals (DOTBCA); before government and administrative boards; in mediation and arbitration, and before the International Chamber of Commerce.