In the construction industry, means/methods and contracts are increasingly complex. The regulatory burden continues to grow. Corruption and predatory behavior are still part of industry practices and are not likely to go away. Needless to say, neither will litigation.
K2 Intelligence is uniquely qualified to help companies pursue and respond to litigation arising from major construction projects. And not just companies in the industry, but any organization overseeing a significant development.
The reason: We leverage the experience and expertise of Thacher Associates, which we acquired in 2012. Thatcher pioneered the monitoring of high-profile construction projects in the 1980s to thwart fraud and corruption for New York’s Construction Industry Strike Force. We’ve adapted techniques it used to the management of various sources of risk across industries.
Now we can be part of your company’s team, supporting in-house or outside counsel as appropriate.
We Know What to Look For
We understand the fraudulent schemes and artifices used to victimize firms and developers, old and new. That enables us to bring focus to our litigation support services. They include the following:
- Comparing project financial statements and work-in-progress schedules with budgets and estimates.
- Recreating financial statements from underlying records when statements are incomplete or unavailable.
- Reviewing bank and disbursement records to determine how money was spent and whether it was diverted to other projects or used for personal gain.
- Analyzing change orders, allowances and contingencies for excessive, unapproved or unsupported costs.
- Tracing payments to subcontractors, vendors and consultants to ensure that the work performed is in line with the amounts paid.
- Analyzing subcontractor and vendor procurement, billing and payment activities for signs of favoritism that could indicate bribes or kickbacks.
- Comparing rates, unit prices and quantities in contracts and change orders to the amounts billed to check for inflated or excessive billings.
- Assisting with examinations for discovery, including formulation of questions regarding financial evidence.
- Reviewing opposing experts’ damages reports and citing strengths and weaknesses of the financial positions taken.
We communicate our findings through clear, easy-to-understand reports designed for effective arbitration or courtroom testimony.