Attorneys Support Services Insurers/Sureties Support Services Owners Support Services

Insurance and Surety Support Services

When issues arise on insured and/or bonded construction projects, insurers and sureties need access to an unbiased, independent resource that can provide an accurate analysis of the situation. Keene Klimas Consultant Group is that resource.

We have the expert ability to offer insurers and sureties a quick assessment of the claim and a detailed evaluation of available options. Our objective is to deliver information that helps insurers and sureties better evaluate the issues at hand, and make knowledgeable decisions regarding risk and exposure for their principal.

Keene Klimas can then stay on the job for additional consultation, extending representative services that will help to mitigate, or avoid, additional delays and resultant costs. Our assistance offers an added layer of confidence when facing existing and/or potential claims against the contractor/architect/engineer and/or its insurer or surety.


Principal / Insured Review Services

As your consultative partner, Keene Klimas can provide an analysis of your principal or insured on a diversity of topics. Subject matter may include, but is not limited to, the following:

  • Exposure to litigation and claims
  • Inventory of existing/ongoing projects and the effect the claim will have on the principal or insured
  • Evaluation of principal’s or insured’s project management methodology
  • Documentation of control, administration and notice procedures
  • Principal’s or insured’s scheduling, quality control, safety, and risk management procedures
  • On-site observation and documentation
  • Analysis and review of accounting system, job cost and monthly reports
  • Change order procedure and profitability
  • Subcontractor and vendor relationships
  • Evaluate and reconcile payment bond claims
  • Payment terms from clients; payment terms of subcontractors and vendors
  • Principal’s or insured’s cash flow and operating revenue
  • Architect/Engineer’s standard of care and conformance, issues of constructability
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Principal / Insured Claims

If your principal or insured has a claim, Keene Klimas can prepare a comprehensive report that evaluates all aspects of the project, what the problem issues are, and whether or not they are they reconcilable.

We will diligently pursue reasonable solutions for the insurer or surety in their actions with the principal, insured, obligee and counsel. Keene Klimas is also able to act as your onsite representative in investigating and overseeing activities for proper conduct. Some of our insurer/surety services include:

  • Project Contract Analysis

    Keene Klimas will review the corrective notices and responses for project delays, as well as analyze cause-and-effect, owner's delays, subcontractor claims, delivery problems, subcontractor defaults, design errors and/or omissions.
  • Project Schedule Analysis

    Once we ask, “does the principal’s or insured’s schedule have owner approval?” Keene Klimas will then study variables such as subcontractor input, loss of productivity, acceleration, schedule updates, delay documentation, types of delays, cardinal change, actual physical completion project status, avoidance of liquidated damage and change orders.
  • Cost Analysis

    Proven knowledge and decades of experience make Keene Klimas a reliable choice for cost analysis. Keene Klimas will examine company solvency, project job cost reconciliation, anticipated profitability, cash flow projections, overhead cost, pay application procedures, change order costs, cost accruals and funds available for completion.
  • Project Management Analysis

    The Keene Klimas team has successfully managed hundreds of projects and knows what information to look for and where to find it. We will inspect field and home offices, verify project controls, review project management methodology, and gauge the workforce resources and manpower requirements necessary to carry out the remaining work.
  • Project Obligations, Analysis and Recommendations

    After all discovery and analysis is complete, we will then present the insurer/surety with our evaluation of the claim and recommendations for potential solutions. Our comprehensive report will outline the following:

Cause and Effect
Default or Termination
Performance Bond Claims
Owner Delays/Default
Subcontractor Claims
Payment Bond Claims
Delivery Issues
Subcontractor Default
Design Errors/Omissions
Lack of Requested Extensions
Lack of Owner Payments
Withheld Payments
Applied Liquidated Damages

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Claims Oversight/Completion

Keene Klimas is available to help the insurer/surety procure alternate completion contractors and closely monitor their performance. We will continue to advise and support proceedings with the principal, insurer, surety, obligee and counsel. Our claims oversight and completion services can encompass any/all of the following actions:

  • Establish exact completion status of the project
  • Assist in formulating a plan of action
  • Review subcontractor performance
  • Evaluate and reconcile payment bond claims
  • Prepare bid package
  • Assess bids from new contractors
  • Recommend replacement contractor (based on the most suitable bid, manpower, schedule and contract terms conditions)
  • Negotiate with replacement contractor
  • Calculate detailed cost to complete
  • Negotiate favorable completion terms
  • Assist with project management strategies
  • Review delays and notices
  • Obtain time extensions from the owner
  • Analyze the change order management system
  • Manage the surety's reserve fund
  • Work to resolve any disputes that may arise for the surety
  • Mitigate the potential for increased exposure
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