Construction Claims Analysis

State Architect of Ohio

As the State Architect of Ohio, Mr. Fischer rendered numerous final claims decisions through the State’s “Article 8” process.   “Article 8” claims refer to the process for designers and builders for filing claims found in the State’s General Conditions for Construction Contract.  The State Architect’s decisions were the last administrative recourse prior to claims being heard in the Court of Claims.

Mr. Fischer participated, when justified, in filing claims against designers and builders. Soon after completion, the State of Ohio Computer Center began to experience significant interior moisture and delamination of cementitious fireproofing.  Working closely with the Ohio Attorney General’s construction litigation section, Mr. Fischer assisted the team that crafted the case against the architect, construction manager and several contractors.  Forensic evaluations and a review of all project records was conducted and after mediation, the State secured a sizable reparation from the construction manager.  

Ohio School Facilities Commission

As the executive Director of the OSFC, Mr. Fischer continued to render decisions on claims through the Article 8 process.  The OSFC also prevailed in deeming a contractor not responsible for previous poor performance, a case where Mr. Fischer spent several hours on the witness stand.  He also spent 8 hours on the witness stand in defending Ohio’s school facilities response to the landmark DeRolph decision.

While at the OSFC, Mr. Fischer developed and implemented an aggressive dispute resolution process based on early intervention and partnering that greatly reduced construction claims being filed against the state.

Support of Kelly Consulting

Mr. Fischer has provided claims analysis support for Kelly Consulting Services on several projects.  Kelly Consulting Services is one of the Ohio Attorney General’s “go-to” firms when claims evaluation services are required.  One example is a $1.4 million electrical contractor claim against work provided to the Ohio State University. Mr. Fischer assisted in the review and analysis of the Project Record including Daily Reports and construction sequencing.

Another example is a $4.64 million claim on a road and bridge project filed against Chesterfield County, Virginia.  Mr. Fischer again provided assistance to Kelly Consulting Services in analyzing project documentation, schedule files and the contractor’s submitted costs.