How the 21 days run

A senior construction executive reviews the record, interviews the people who lived the dispute, and delivers a written evaluation with draft change orders. The project keeps building the whole time.

Parties call us when they see:

  • Schedule impacts becoming visible

  • Communication breaking down

  • Change orders piling up

  • RFIs going unanswered

  • Stop notices, mechanics liens, or bond claims emerging

  • Performance or payment bond demands

Any one of these on an active project is reason enough for the call. In every case the window for intervention is still open: physical evidence is intact, documentation systems are running, participants are still on the job, and memories are fresh.

  • A mutual NDA is signed before any project specifics are shared. An intake call follows, then a qualification review. Where the fit is not there, we say so and, where appropriate, refer you to a better path.

    If the project qualifies, the firm runs a conflict check and proposes candidate Neutrals with documented rationale for each. The proposal states scope, fixed fee, timeline, and a document request customized to your project.

    The document request goes out tailored to each party; the general contractor receives a different list than the owner.

  • Documents arrive into a segregated, access-controlled workspace and are indexed, classified, and analyzed: the contract set, schedules and updates, RFI and submittal logs, cost reports, correspondence. The analysis is assembled into a Project Briefing, so your Neutral can get to work in hours rather than weeks.

    The week ends with the Neutral producing a FIRAC document, a one- to two-page case summary structured as Facts, Issues, Rules, Analysis, and Conclusion. It is the working hypothesis Week 2 will test.

  • Your Neutral conducts five to ten structured interviews with stakeholders and witnesses. Positions appear in the report and names never do. Early interviews establish the factual foundation; later interviews test specific theories. We ask of you scheduling cooperation and roughly 40 minutes per participant.

  • The findings are captured in analytical sessions with the Project Neutral®, issue by issue: entitlement, quantum, causation, likely outcome in formal proceedings, recommended commercial resolution. On Day 21 the evaluation is delivered. If you desire, your Project Neutral® can walk all parties through the findings on a delivery call, draft change orders in hand.

Questions Parties Ask

Is the evaluation binding?

No. The Early Neutral Evaluation is advisory (sometimes referred to as a Mediator’s Proposal), and every formal option stays open. If the parties later want a decision, that path exists by written mutual consent after the dispute has arisen.

What does it cost?

A fixed fee, half on engagement and half on delivery. The number depends on the project and issue count, and is stated in the initial proposal.

What do you need from us to start?

The contract set, the project record responsive to a tailored document and platform access request, and five to ten key people available for informal interviews of about 40 minutes each.

Who performs the evaluation?

A senior construction executive employed by Project Neutral, Inc., selected by you from three conflict-cleared candidates, backed by an Executive Sponsor and the firm's review.

How does this work with California SB440?

On covered private California contracts signed on or after January 1, 2026, a served claim starts a 30-day response clock, and disputed amounts must go through non-binding mediation before litigation or arbitration. The Early Neutral Evaluation is built to satisfy that step, structured as a mediation between the parties, or to resolve the dispute before mediation is called. Counsel should confirm the structuring. The ENE is not a substitute for SB 440 compliance; the statutory framework runs on its own clock.