Paul J. Buckholtz & Associates, Inc.
Construction Industry Consultants

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SERVICES

New Construction Reviews:  

Minimizing the lender's exposure to construction risk is the goal of Paul J. Buckholtz & Associates' lender services practice.  The consequences of incomplete or poorly prepared construction documents, inaccurate cost estimates and construction schedules, and ineffective project management are cost overruns, schedule delays, and poor quality construction, all of which increase the risk of financial losses.  PJBA typically uses a two-phased approach to identify and correct project deficiencies.  A thorough review of project documentation is the first phase in this process.  During this phase, the plans and specifications, soils report, environmental assessment, general contract, construction schedule, and budget are reviewed for adequacy and compliance with local and federal regulations.  A report stating our findings and overall impression of the project and a comparative cost estimate of the contractor's budget is issued at the conclusion of the document review.  When construction commences, the second phase of our services begins.  The construction site is visited periodically to assess the status of construction and to make recommendations relative to applications for payment.  A progress report is issued following each site visit.  Change orders, revised budgets, schedules, and other project documentation are also reviewed periodically.  This program provides the lender with an independent assess­ment of the viability of a project prior to committing funds and necessary management oversight during the construction process.

Physical Condition Evaluations:

A thorough examination of the property by an experienced team of architects and engineers is an important early step for lenders and investors considering the acquisition or refinancing of existing projects.  Paul J. Buckholtz & Associates’ physical condition evaluations of existing facilities begin with an examination of the available construction documentation including the plans, surveys, specifications, soils reports, and environmental assessments.  Following this, an on-site review is performed to determine the existing condition, quality, and adequacy of the building and site improvements.  This includes review of the building's structural frame, roofing, exterior closure, HVAC, plumbing, electrical and life-safety systems, site drainage, utilities, landscaping, and compliance with the Americans with Disabilities Act (ADA) and Fair Housing Amendments Act of 1988 (FHAA).  After the site review is completed, a written report is prepared providing a general description of the property, comments on the integrity, quality and adequacy of the building systems and site improvements, and a list of construction and maintenance deficiencies with recommended remedial measures and probable costs.  At the request of the client, a structural analysis to determine the Probable Maximum Loss (PML) as a result of an earthquake is also prepared.  Photographs with descriptions are provided showing deficiencies observed as well as selected typical views of the property and improvements.

Construction Dispute Resolution:

Facilitating successful resolution to complex construction disputes at the earliest possible stages is the goal of Paul J. Buckholtz & Associates' construction claims consulting practice.  This is accomplished in a number of ways.  Typical assignments begin with a preliminary assessment of the issues and damages involved, the availability of documentation required to support the client's position, and identification of potential avenues of dispute resolution.  Following this initial "scoping" phase, detailed analysis begins.  Depending upon the nature of the dispute, this phase typically involves assembly and organization of available documentation, creation of an as-built chronology, and analysis of project schedules utilizing contemporaneous period analysis which establishes the cause and effect relationship between specific events and project delays.  Other tasks include preparation of independent damage calculations in order to estimate the range of possible monetary settlements and creation of demonstrative exhibits to illustrate our findings and to support expert testimony.  The "analytical" phase often concludes in a settlement conference or mediation where an understanding of the strengths and weaknesses of both parties' positions is crucial.  If settlement is not possible, PJBA's analysis and exhibits are refined in preparation for expert testimony presented at arbitration or trial.

More recent trends in resolving construction disputes involve facilitating discussions between the parties prior to formal mediation, arbitration, or trial.  Using this technique, the parties gain the benefit of an independent assessment of their positions prior to expending significant resources on developing or defending a claim.  Such proceedings may be formal or informal and the opinions expressed may be binding or non-binding depending upon prior agreement of the parties.

The firm has extensive experience gained in a multitude of construction disputes located in many jurisdictions of the country.  Clients include both contractors and owners.  Issues typically addressed include the following: