Dispute resolution is our core business.
After more than 50 years in the construction industry, Revay has established a reputation as Canada's leading consultant in the field of claims and dispute resolution.
Our commitment to impartiality has earned us our standing as an "honest broker". Our high level of client satisfaction is a result of Revay's professional competence, along with the specialized knowledge and unique analytical approaches we've developed for evaluating claims and presenting our work product. In our more than 50-year history, we've been involved in the resolution of more than 7,000 construction disputes ranging from $10,000 to over $1 billion in value.
The claims and dispute resolution services Revay provides include:
- Claim preparation
- Claim evaluation
- Expert reports and testimony
- Assistance to legal counsel
- Alternative dispute resolution (ADR)
Revay's expertise in the area of forensic analysis is essential to perform:
- Schedule delay analysis
- Loss of productivity analysis
- Change order analyses
- Damage quantification
- Preparation of graphics for expert reports and testimony
Whatever form of analysis Revay performs as part of our forensic work, we always focus on establishing the causal link between issues and our findings in order to develop analyses and reports that our clients and triers of fact can rely on.
When clients lack the required expertise or resources to prepare their claims in house, Revay can help present their claims in clear, concise and persuasive ways. We undertake comprehensive investigations in order to build highly defensible claims for our clients. This typically includes developing a detailed chronology of events, delay and productivity analyses, issue analysis, a demonstration of the cause and effect relationships of the dispute issues, a costing rationale and the preparation of graphical illustrations. Our clients benefit from the quality of our work and the reliability of our work product.
As with claim preparation, our clients may always not have the required in-house expertise or resources to evaluate claims in the timely manner required by most contracts. Revay approaches claim evaluation by first reviewing claim documents for validity, then verifying the analyses performed and the assertions made.
Expert Reports and Testimony
Triers of fact who are charged with determining the outcome of construction disputes may rely heavily on evidence presented in the form of testimony or expert reports. Many of Revay's professionals have been accepted as experts in cases involving construction scheduling, schedule and delay analysis, loss of productivity analysis and damage quantification.
Part of the expertise we provide to our clients is knowing how to select the appropriate method of analysis. We also understand the importance of creating a causal link between project impacts and the delays or productivity losses incurred. To that end, in order to assist triers of fact in better understanding complex issues, Revay focuses on the following:
Providing a strong appreciation of the facts
Using proven, industry-accepted and appropriate analyses
Presenting findings in a straightforward report that incorporates clear visual representations
Assistance to Legal Counsel
When not being retained as expert on a dispute, Revay's professionals are able to provide technical assistance to legal counsel in preparing case strategies. In the past, this assistance has included briefings about complex technical questions, as well as more direct involvement including collecting information, evaluating arguments, recommending questions for discovery and cross examination, as well as preparing exhibits.
Alternate Dispute Resolution (ADR)
Disputes over delay and extension of time claims often interfere with the collaboration project teams need for the timely completion of the project. Having been involved in lengthy arbitration and litigation proceedings, we understand that significant time and money can be expended when disputes persist. To help our clients resolve disputes more quickly and with less resources, we've been advocating the use of alternative forms of dispute resolution.
Revay's professionals have hands-on experience in all methods of alternative dispute resolution and have acted as arbitrators, mediators, third-party project neutrals or dispute resolution board (DRB) panelists in a wide range of disputes. Revay has led negotiations which amicably resolved multi-million dollar claims on projects that used various types of project delivery methods.
Revay can either take the lead and be directly involved in negotiations, or work in the background, providing negotiating strategy and advice.
ADR Spotlight, Project Neutral
One of the ways Revay has helped clients resolve numerous conflicts without resorting to arbitration or litigation is through our project neutral approach.
When acting as third-party project neutral, Revay is engaged jointly by all parties to a dispute and offers unbiased advice and recommendations to the parties involved, with a view to helping them work cooperatively towards a solution. In certain cases, if required, Revay can also assist clients with negotiations and facilitate the resolution process.
As all parties to the dispute share the cost of the services provided, the cost to each is substantially lower than under a more traditional method of dispute resolution.
Loss of Productivity Analysis
Changes to project design, introduction of additional work or unexpected site conditions can all result in impacts to productivity levels. Evaluating and resolving productivity-related disputes requires an understanding of the causes of loss of productivity and an ability to measure impacts. Revay has developed specialized expertise in all these areas, particularly the cumulative impact of changes.
Forensic Schedule Analysis
Delay, disruption or acceleration in the project schedule are almost always factors in construction disputes. There are a number of accepted analytical methods, and Revay has spent years researching and applying the most appropriate methods for each unique mandate we perform. We're always looking for ways to innovate and improve their application.
Change Order Analysis
Change orders are common on most projects, particularly fast-track projects. Revay has developed a method of analyzing change orders on a case by case basis to evaluate their impacts on projects.
Central to dispute resolution is determining the amount of money parties may be owed. It is crucial to understand the circumstances under which damages are incurred. Revay's intimate knowledge of the construction process and cost categories allow us to credibly evaluate and quantify damages.
Preparation of Graphics for Expert Reports and Testimony
To aid triers of fact, Revay has established effective ways to present our analytical results into easy-to-understand visuals. This facilitates the communication of complex technical issues. These visuals support Revay's written or oral testimony.