Construction Litigation Lab | Defect & Delay Forensics
From Groundbreak to Verdict

Turn the “Document Dump”
Into a Defense.

We specialize in the heavy lifting of Construction Defect & Insurance Defense. We translate terabytes of CAD, Procore logs, and P6 Schedules into a defensible timeline.

The Job Site Reality

We Don’t Just Host Data.
We Read Blueprints.

Generalist eDiscovery vendors choke on construction data. They break your CAD links and can’t open your Revit models. We are built for the chaos of multi-party litigation.

  • Native File Support: AutoCAD (DWG), Revit (RVT), Primavera (XER).
  • Daily Log Correlation: Matching weather data to Superintendent logs.
  • Drawing Management: OCR for massive “Plan & Spec” sets.

Schedule Forensics

We analyze the “Critical Path” in Primavera P6 to determine who actually caused the delay, versus who is just making noise.

Procore & Prolog Extraction

We pull the full history—RFIs, Submittals, and Change Orders—directly from the cloud, bypassing the “PDF printout” limitations.

Field Intelligence

Construction Briefings

White Paper

The Critical Path Trap

Forensic dissection of Primavera P6 schedules. How to identify “sequestered float” and “concurrent delays” in the native .XER file.

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Strategy

RFI Weaponization

Proving “Bad Faith” when a subcontractor floods the project with pretextual RFIs to manufacture a constructive acceleration claim.

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Tech Specs

BIM in the Courtroom

Moving beyond 2D plans: Using Navisworks Clash Detection to prove a breach of the “Standard of Care” regarding spatial coordination.

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Don’t Pay Rent on Concrete.

Construction cases have the largest data volumes in the industry. We archive closed projects immediately and offer 90 Days Zero-Cost Hosting for active defects.*

PROJECT DATA VOLUME 5 TB
1 TB 50 TB

Standard Vendor Cost

$270,000

Based on $18/GB avg (3 mos)

Direct Savings

$270,000

Retained for Remediation Costs

* Subject to Terms of Service. Offer applies to new litigation holds only.

Project Inquiry

Schedule a forensic intake to secure your defense strategy.

AACE Recommended Practices • Delay Forensics

The Critical Path Trap: Beyond the PDF

Protocol: AACE 29R-03 Format: Native .XER

In high-stakes delay claims, the “As-Planned” vs. “As-Built” PDF comparison is insufficient evidence. Savvy schedulers often manipulate the native data to hide their own inefficiencies. We utilize the AACE International Recommended Practice 29R-03 for Forensic Schedule Analysis to deconstruct the “black box” of Primavera P6.

Forensic Investigation of the Native .XER

We do not rely on the printed Gantt chart. We audit the logic tables in the native file to identify manipulation tactics that artificially drive the critical path:

  • Float Sequestration: Identifying where constraints (e.g., “Must Finish By”) were applied to non-critical tasks to consume Total Float and create an artificial sense of urgency.
  • Preferential Logic: Differentiating between “Hard Logic” (physical dependencies) and “Soft Logic” (resource leveling) used to hide periods of inactivity.
  • Calendar Manipulation: Detecting retroactive changes to the global calendar (e.g., switching a 5-day work week to a 7-day work week) to mask lost time.

The “Concurrent Delay” Defense

Our primary objective is often establishing Concurrent Delay. If we can prove that an owner-caused delay occurred within the same window as a contractor-caused delay, the financial damages may offset or be eliminated entirely. This requires a granular “Time Impact Analysis” (TIA) that generalist e-discovery firms cannot provide.

“We don’t just tell you the project was late. We tell you who owns the float.”
Litigation Strategy • Bad Faith Claims

RFI Weaponization: Establishing “Pretext”

Source: Procore / Prolog Theory: Constructive Acceleration

The “Papering the File” Tactic

It is a common tactic for a subcontractor, realizing they are behind schedule, to flood the General Contractor with Requests for Information (RFIs). This serves two strategic purposes: it creates a pretext for a “Cumulative Impact” claim (citing the Spearin Doctrine), and it attempts to shift the blame for delays onto the design team.

Data-Driven Defense

We move beyond the content of the RFIs and analyze the metadata of the submission behavior. By exporting the full Procore log, we can visualize:

  • Burst Velocity: Did 40% of the project’s RFIs arrive in the final 10% of the schedule?
  • Triviality Scoring: We isolate RFIs that were answered with “Refer to Sheet A-101.” High volumes of redundant questions indicate a strategy of obstruction rather than clarification.
  • Response Latency: Correlating the “RFI Hold” time against the actual critical path activities.

We provide counsel with the visual analytics necessary to characterize these RFIs as pretextual and bad faith, effectively dismantling the “Design Deficiency” narrative before it reaches a jury.

Demonstrative Evidence • Standard of Care

BIM Forensics: Visualizing the Breach of Duty

Tool: Navisworks Manage Output: Admissible Video

Building Information Models (BIM) are typically discarded after construction. In litigation, they are the “smoking gun” regarding the Professional Standard of Care. We process the native Revit and Navisworks files to determine if the design team fulfilled their duty of spatial coordination.

Clash Detection as Proof of Liability

We process the “Clash Detective” reports from the pre-construction phase to isolate specific, negligence-based conflicts, such as:

  • Hard Clashes: HVAC ductwork intersecting with structural steel (Primary Design Error).
  • Clearance Clashes: Failure to provide code-mandated maintenance access for equipment.

Jury-Ready Demonstratives

Technical expert reports are often dry and difficult for a lay jury to comprehend. We convert these technical clashes into simple, fly-through video renders.

Instead of arguing about a 2D “change order,” we show the jury the 3D impossibility of the design. This transforms a complex “Constructability” argument into an obvious visual fact, significantly increasing leverage during settlement conferences.

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A Specialized Division of LitigationLabs.ai

LEGAL DISCLAIMER: Construction Litigation Lab provides technical litigation support, e-discovery, and data forensics. We are not a law firm, and no attorney-client relationship is formed by the use of this website. Consult with your legal counsel regarding specific case strategies.

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