


BHATE is often retained by Owners and Contractors for an independent peer review of the geotechnical data when a construction disputes arise. A geotechnical related construction claim refers to a dispute arising on a construction project due to unexpected or mischaracterized subsurface conditions, leading to cost overruns, delays, or potential damage to the structure with the contractor typically claiming additional compensation from the owner.
BHATE Geosciences routinely provides consultation related to excavation, site work, foundation, underground construction claims, and cost analysis for dispute resolution, litigation support, and expert testimony.
Key points about geotechnical construction claims include evaluation of:
- Differing Soil Conditions: When the soil type encountered during construction differs significantly from what was predicted in the geotechnical report.
- Groundwater Levels: Discovering a water table higher than anticipated, impacting excavation and foundation installation and cost.
- Unexpected Rock Formations: Encountering unexpected rock layers that require additional excavation methods for site work or foundations.
- Soil Contamination: Discovering contaminated soil that needs remediation, adding to project costs.
- Misinterpretation of Geotechnical Data: This is often a point of contention as to the actual design intent vs. interpretation by contracting third parties.
- Reconstruction from Documentation: Review of detailed records of soil conditions encountered during excavation, including soil logs, field quality control, accuracy of test results, and photographic evidence.
- Specification and Bid Document Analysis: Resolving any discrepancy between expected and actual soil conditions and reasonableness of interpretation including a Basis of Measurement and Payment for claims.
Our methodology incorporates a systematic process involving problem identification, document analysis, and development of document databases, contract analysis, establishment of cause-effect relationships, and damage analysis. Based on our extensive technical and practical building construction experience, we have served as expert witnesses for a variety of construction issues.

Learn more about our
Construction Claims Services
Tate S. Thomas
PE, Director of Operations – Geotechnical
tsthomas@bhate-geo.com