Government Experience/Services Construction, Manufacturing and Services Contractors
- Terminations for Convenience/Default
- Scheduling and Project Controls
- Contractor Quality Control (CQC)
- DCAA Audit Assistance
- Working Knowledge of FAR Part 31 – Cost Principles
- Claim Assistance and/or Preparation
Forensic Construction Consulting Services
- Claim Evaluation/Entitlement Reviews
- Claim Preparation/Litigation
- CPM Schedule Impact and Analysis
- Damage Analysis and Quantification
- Loss of Productivity
- Acceleration
- Contract Suspension Impact and Analysis
- Dispute Avoidance
- Alternative Dispute Resolution
- Mediation and Arbitration
- Estimating
Litigation Support
- Damage Quantification
- Expert Witness
- Technical Assistance
Surety Services
- Affirmative Claim Preparation
- Claim Evaluation/Entitlement Reviews
- Estimate to Complete
- Litigation Support
- Contract Termination Assistance
Property/Casualty Loss
- Cost Estimating
- Reconstruction Management
- Foreclosure Adjusting
Catastrophe Claims Handling
- Catastrophe Team Organization, Deployment and Management
- Damage Assessments
- Cost Estimating
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Government Experience/Services for Construction, Manufacturing and Services Contractors
- Terminations for Convenience/Default – K - D consultants have prepared and settled more than 100 termination settlement proposals for construction and manufacturing contractors in both government and public sectors. Contract sizes range from less than $100,000 to more than $50,000,000. Terminated contracts usually involve multiple complex issues that contractors might normally encounter one at a time, but not all at once. K - D has the experience to unravel complex, entangled messes encountered on terminated contracts, organize it into an understandable format, quantify and present the damages in a manner consistent with the Federal Acquisition Regulations (for government terminations) and/or current case law and assist with bringing the contract to final resolution.
- Scheduling and Project Controls – K - D consultants use Primavera CPM scheduling software. K - D has considerable experience on MILCON projects implementing the most current government requirements for project controls and document tracking.
- Contractor Quality Control (CQC) – K - D have consultants with many years of experience in CQC on government MILCON projects, which have some of the strictest quality control requirements in the construction industry. K - D can help draft a site specific quality control program for a project and can provide on-site CQC assistance by providing QC Manager or an Assistant QC Manager for contractor’s projects.
- DCAA Audit Assistance – K - D has CPA consultants that are former DCAA auditors with experience to assist contractors through the DCAA audit process. Audits associated with terminations for convenience, claims, financial capability audits, bid proposal reviews, incurred cost audits and other audits government contractors are normally required to . We can also perform compliance reviews of contractors’ accounting systems. K - D’s consultants have a working knowledge of FAR Part 31 – Cost Principles and the DCAAM (Defense Contract Audit Agency Manual).
- Claim Assistance and/or Preparation – K - D consultants can prepare claims (requests for equitable adjustment) for contract changes, suspensions, terminations, defective specifications, differing site conditions and other claim situations that government contractors incur. K - D prepares government claims in a format with the expectation that the claim will have to undergo a DCAA audit and abide by the FAR contract clauses.
- Construction Site Management - Kendall – Dinielli Consultants have extensive home office and on-site construction management experience in both the public and private sectors, in the following specialties;
- Heavy and Highway
- Educational and Training Facilities
- Water and Wastewater Treatment
- Dormitories and Travel Lodging
- Communication Complexes
- Administrative and Warehouse Facilities
- Automotive Dealerships
- Sporting Facilities
- Golf Courses
- Gymnasiums
- Swimming Pools
On MILCON projects, K – D can provide jobsite set-up for our clients, both for the production office and the quality control office, setting up the filing systems, creating tracking logs and even assist in staffing the project from the local labor pool. With our vast experience, we can provide assistance in negotiating and writing subcontract’s, purchase orders and other instruments to assist your firm’s management. We have a thorough understanding of the FARs/DFARs which will ease the transition into actual production on the job site.
K – D can provide guidance for, or fill, the requirements of the Contractor Quality Control program, from creating the CQC Plan, preparing and reviewing submittals, implementing the Inspection and Testing Program and creating the logs required for that position within the contract specifications.
K – D consultants are experts in the Site Safety & Health end of the project, having written many Safety Plans and staffing that position. The myriad of requirements for the SSHO are not beyond our consultant’s qualifications.
By having K - D provide some, or all, of the front-end activities for your project, your firm can concentrate on other duties.
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Forensic Construction Consulting Services
- Claim Evaluation/Entitlement Reviews – Contractors sometimes find profits declining and attribute the cause to the Owner, a higher-tier contractor or other entity. K - D can review the circumstances surrounding the cause(s) to determine whether or not the contractor has a valid claim to file.
- Claim Preparation/Litigation – K - D has prepared hundreds of claims for contractors – most of which are settled without litigation. K - D prepares its claims using justification methods that are accepted by Courts and Boards of Contract Appeals. K - D consultants have assisted attorneys for litigation support and for consulting on technical issues such as FAR Part 31 Cost Principles, claim quantification justification and litigation strategy.
- CPM Schedule Impact and Analysis/Damage Analysis and Quantification – K - D scheduling consultants perform schedule impact analyses using the most current acceptable methods allowed by Courts and Boards of Contract Appeals. Our consultants have “hands on” construction experience, not just a working knowledge of how a CPM computer program works. We identify the issues that impact the contractors schedule, identify the source and responsible party and analyze the impact on the project.
- Damage Analysis and Quantification – K – D’s consultants have the experience, resources and tools to perform a detailed and comprehensive analysis and evaluation of the contractor’s situation and determine entitlement. Once entitlement is determined, K – D can review the contract documentation and the contractor’s cost accounting data to quantify the damages – time and money – that the contractor may be due. In this review, K – D can determine what the supportable causal links exist between entitlement and quantum and prepare a presentation of findings to support the contractor’s claim.
- Loss of Productivity – K - D consultants have prepared successful loss of productivity claims for contractors. The methods we use are consistent with methods allowed by Courts and Boards of Contract Appeals in awarding loss of productivity damages to contractors.
- Acceleration – K - D consultants can identify situations and quantify the acceleration costs incurred during the course of a project. Our consultants have enabled contractors to rightfully collect acceleration costs even when an acceleration directive has not been ordered by the Owner or higher-tier contractor.
- Contract Suspension Impact and Analysis – Contract suspensions can cause confusion for contractors. Suspensions are often issued to contractors in times of uncertainty on the contract. K - D’s consultants can help identify suspension impacts and quantify the costs associated with the suspension. K - D has assisted contractors recover costs associated with suspensions even in unusual contract situations, such as a suspension prior to the contract Notice to Proceed. One of K - D’s principals was involved with the resolution of the case of Nicon, Inc. v. United States, No. 99-98-982C (Fed. Cl. Dec. 21, 2001) which enabled the contractor (Nicon) to recover suspension costs prior to the Notice to Proceed without using a Modified Eichleay formula. There is no current case law that allows the modification of the Eichleay formula for use as a method for calculating delay damages. K - D’s consultant worked with Nicon’s attorney to settle the matter with the Department of Justice providing for fair compensation to Nicon for its delays.
- Dispute Avoidance – A third party review of a situation can provide a whole new perspective to a situation. K – D can provide an unbiased third party review of a situation and provide recommendations and strategies to the contractor to effectively communicate the situation to the Owner to help avoid disputes.
- Alternative Dispute Resolution – The FAR provides for alternative dispute resolution to resolve claims and other disputes on government contracts. Most contractors, contracting officers and attorneys, may not be aware of the existence of the clause.
- Mediation and Arbitration – K - D consultants have participated in mediation and arbitration proceedings with favorable results for its clients.
- Estimating – K - D consultants have diverse backgrounds in construction. Some have worked for construction contractors as estimators. We can perform or check take-offs or provide estimates for a change order, portion of a project or for the entire project. Estimating experience is also helpful in assisting contractors in pricing change orders and for determining the percent complete of a project, as well as the estimate to complete.
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Litigation Support
- Damage Quantification – Attorneys’ cases sometimes fail due to inaccurate or incorrect assessment of the damages provided by their clients. K - D’s consultants have assisted attorneys in preparing for litigation, mediation and arbitration. K - D’s consultants can quantify contractors’ damages and strategize with the attorney to structure the case and justify the damages.
- Expert Witness – K - D has consultants that have served as expert witnesses for issues such as loss of productivity, schedule and delay issues and FAR Cost Principles.
- Technical Assistance – Our consultants can provide technical assistance to attorneys in many specialized areas of construction. K - D’s consultants are varied in their backgrounds and education and can bring insight to complex cases. Some areas of specialty include airport security screening and baggage handling systems, power plants, and top secret government facilities.
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Surety Services
- Affirmative Claim Preparation – Contractors often end in default situations because they lack the time, knowledge or expertise to make a claim for costs they are entitled to recover. After the surety takes over the project, the claims are still valid. K - D’s consultants have worked with surety companies preparing claims for the recovery of costs that were due to the contractor prior to the default. We have recovered millions of dollars on behalf of the surety, thus mitigating losses to the bonding company.
- Claim Evaluation/Entitlement Reviews – K - D can evaluate claims that the contractor represents as collectable and advise if the contractor is entitled to recovery for the claims. Sometimes the pursuit of claims cost more than the recovery – K - D can also advise if the pursuit of the claim is cost effective.
- Estimate to Complete – Sureties need to know if the contractor has been appropriately paid for the amount of work performed and what the value of the work to complete. K - D’s consultants have the field experience, as well as estimating experience to perform this task.
- Litigation Support – K - D can provide damage quantification, expert witness testimony, work with the attorney to devise a strategy for the case and provide assistance during the trial.
- Contract Termination Assistance – With experience resolving over 100 contract terminations, K - D’s consultants are uniquely qualified to help sureties with contracts in termination situations.
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Property/Casualty Loss
- Cost Estimating – K - D have consultants that are experienced in performing damage assessments of losses and using current estimating methods and software that are typically used and accepted by insurance companies for determining the amount the insured is entitled to recover for a loss. Our consultants have the experience and knowledge to determine whether or not a loss or elements of a loss are recoverable in accordance with the insured’s policy.
- Reconstruction Management – K - D’s personnel possess the organizational skills to manage reconstruction and have managed reconstruction of catastrophic losses such as those caused by hurricanes and floods.
- Foreclosure Adjusting – With the banking and mortgage industries taking hits from bankruptcies and loan foreclosures at record rates, the need for foreclosure adjusting is a growing field. K - D has consultants that are industry certified and have the experience to prepare damage assessments on foreclosed properties.
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Catastrophe Claims Handling
- Catastrophe Team Organization, Deployment and Management – K - D has licensed and fully trained insurance adjusters that have deployed teams to locations where catastrophic events have taken place. These professionals have been first responders in badly hit areas after catastrophic events (hurricanes, floods, tornadoes, fires, earthquakes, etc.). They have the skill and fortitude to endure the circumstances that are encountered and combine that with the consideration it takes to deal with the people that sustained the losses.
- Damage Assessments – K - D’s consultants have many years of experience in providing damage assessments and have knowledge in construction practices and principles, which aides in understanding damage to buildings and other structures.
- Cost Estimating - K - D’s consultants use the most current estimating methods and software that are typically used and accepted by insurance companies for determining the amount the insured is entitled to recover for a loss. Our consultants have the experience and knowledge to determine whether or not a loss or elements of a loss are recoverable in accordance with the insured’s policy.
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