Anticipating disagreements and incorporating strategies to address them beforehand is one of the reasons why Guardian Group clients find us so uniquely valuable. When you invest upfront to mitigate claims risk, you put the power of other people’s hindsight (and otherwise preventable misfortunes) to work for you. Helping clients hedge their bets via our experience and expertise serves to underpin and embolden your success. In our experience, creating a system of project control procedures remains the time-tested, proactive way to avoiding costly claims. Our proactive construction claims services to you may include such elements as:

• Construct-ability reviews
• Periodic management audits
• Accurate schedule updates
• Project documentation procedure review and development
• Dispute resolution procedures
• Training

Once construction claims have begun to manifest, it is critical to implement a systematic plan to address them at once. Our Claims Management Group identifies, analyzes and evaluates the issues to determine responsibility. We conduct a number of construction delay analyses to pinpoint the effect of any action or omission on time and cost issues and determine if increased costs are reasonable. Finally, we offer invaluable support in any negotiation, arbitration, dispute resolution or litigation. Our claims management services include:

• Bid protests
• Claims evaluation
• Schedule review and adjustment
• Identification of delay, acceleration and cumulative impacts
• Cost and resource loading review
• Causation and responsibility identification

The well-trained eye of our experts, with a focus refined by their years of specialty practice, helps us get to the heart of the matter more quickly. In Guardian Group’s over 30 years’ experience, we’ve had the opportunity to lend our insight into many issues. Today, we’re able to offer that specialty analysis as one of our core specialties. Consider putting the laser sharp scrutiny of our industry-leading analysts to work for you in any of the following disciplines:

• Productivity losses
• Delay damages and damage quantification methods
• Disruption & Acceleration
• Cumulative impact
• Extended overhead
• Changed work
• Differing site conditions
• Deficient contract documents
• Contract terminations
• Contractor defaults
• Contractor mitigation efforts
• Out-of-sequence work
• Expert reporting

One of the most effective ways to settle disputes and keep things moving forward is to retain Guardian Group as a project neutral. An independent team, including a trained mediator, analyzes the facts and stated claims of each party. The team considers each party’s point of view and informs both sides of the positives and negatives of their positions. Once all sides know where they stand, our team begins discussing how to arrive at a satisfactory, mutually beneficial outcome. Aside from being faster and less contentious, participants retain control over decision-making and settlement options are not forced upon either side. An additional advantage is project neutral costs are shared because both parties jointly retain our team. Clients recognize Guardian Group value is in our command of both the technical skills to isolate the issues and the communication skills to diplomatically diffuse tensions.

Since it is almost always in your best interest to avoid a protracted court battle, Guardian Group’s expertise proves invaluable in bringing clarity and expediency to the matter. In pre-trial stages, we offer pointed assistance in the discovery process. Should trial become necessary, we also provide litigation support and expert witness testimony. Our analyses compare planned versus actual design and construction in three-dimensional terms. We take resourcing, methods, logistical constraints and the acts of the involved parties into account. We identify critical paths, passages of delay and acceleration, constructive changes, estimating errors and untimely changes. We quantify damages, identify responsible parties and provide clear and persuasive information to assist counsel in securing a positive outcome. Litigation support services you’ll want in your corner:

• Document discovery assistance and review
• Case theme development
• Document management
• Deposition assistance
• Critiquing opposing experts’ analyses
• Trial exhibit preparation
• Expert testimony
• Legal Graphics Capabilities

When trouble surfaces on Error & Omissions policies, Guardian Group’s intimate knowledge of real-world best practice in the architectural and engineering professions yields a more thorough, more accurate and altogether more efficient approach to complete issue resolution. Our over 30 years’ experience in the construction industry combines with our claims investigations and claims handling experience to provide you an unprecedented level of confidence. From FNOL (First Notice of Loss) and POC (Proof of Claim) to examinations of coverage, project documents and the initial analysis of financial exposure to proper selection of professional peers for review and/or expert testimony, we stand by you every step of the way, providing pragmatic counsel and enabling you to leverage both our experience and our insight. Whether you require claims investigations, risk mitigation, litigation support or assistance with subrogation & recovery, you’ll be better prepared for tomorrow when you call the E&O experts at Guardian Group today.

To ensure fairness and expedience for all parties, Guardian Group investigates and processes all claims with the precision and professionalism you can only expect from an industry leader. Subcontractor Default Insurance claims investigations require expertise and experience that is only gained thru years of handling these complicated, specialty claims. Guardian Group has earned the trust of carriers and insured in the fair, accurate and timely investigation of subcontractor default insurance claims. With a vigilant eye on detail, our professionals execute and document every step of the process, from FNOL (First Notice of Loss) and receipt of POC (Proof of Claim) to claim review and analysis of direct and direct costs. Of course, in order to provide a singular solution, we also support our clients with loss fund management, subrogation & recovery initiatives, and litigation support and expert testimony when required. When you have Subcontractor Default Insurance claims, rely on genuine claims experience. Rely on a track record of cost-effective performance. Rely on the experts at Guardian Group. Kindly call us today.

Guardian In Action: Project Neutral

The developer of a warehouse complex hired a contractor to clear a site and construct four warehouse buildings. After one building was completed, the relationship became adversarial. Numerous work items remained and the developer stopped making payments to the contractor. Guardian Group was retained to act as a project neutral and objectively assess the stumbling blocks to the completion of the project. After thoroughly analyzing all the issues, we let both sides know where they stood. Through active listening and skilled diplomacy honed over the years, Guardian Group facilitated an agreement that was acceptable to both parties. The result was a timely completion of the project, full payment to the contractor and an end to all project claims.

Guardian In Action: Claims Development 

Due to its national and international reputation as the consummate surety consultant, Guardian Group was asked to evaluate the progress of a major conduit and fiber optic cable installation project in a downtown metropolitan area. Guardian’s analysis confirmed the contractor’s belief that site conditions varied significantly from those represented in the contract documents and developed a fully supported request for equitable adjustment. When the project owner was presented with a coherent and compelling story describing what happened during the project, backed by easy-to-understand and persuasive graphics, he began to negotiate in good faith and the parties quickly reached a fair settlement.