Entitlement Analysis of Design and Construction Claims

The firm can provide entitlement analysis and expert witness testimony regarding design and construction issues that impact construction project time and cost.

Mr. Norwood has consulted or testified on matters involving the entitlement of Contractor and subcontractor change order requests for time and/or additional costs arising from design issues on construction projects.  Impact claims may have elements of direct cost impact, time impact, inefficiency, and rework, among other issues.  Design issues may be raised by any of the parties on a construction project as design issues can impact multiple trades. We have extensive experience in the analysis of impact claims on the behalf of Architects, Engineers, Owners, General Contractors, and Specialty Subcontractors.  The firm has provided entitlement analysis on projects up to $250 million in construction cost including high-rise, condominium, school, and commercial projects.

Mr. Norwood has testified or consulted on entitlement that are founded in issues of contract interpretation including the requirements of standard AIA A101 Owner-Contractor Agreement, A201 General Conditions, and custom Supplementary conditions. In addition, areas of analysis have included the impact of conflicts or errors in shop drawings, coordination requirements of the contract documents and/or the building code, architect supplemental instructions, requests for information, submittal review and approval, and substitutions.

The firm often works in conjunction with scheduling experts to assist the scheduling expert in the formation of critical path delay analysis.  Our analysis of design related impacts may assist the scheduling expert in identifying key design and construction milestones as well as the impact of design changes, differing site conditions, and construction errors.  For projects that are underway, we can assist in providing design solutions including the negotiation of these solutions with the Jurisdiction Having Authority to mitigate cost and time impacts.

Mr. Norwood is a licensed Architect in Arizona, California, Colorado, Hawaii, Idaho, Minnesota, Texas, Utah, Washington, and Wyoming.