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Representative Cases
Launch Complex 40, Cape
Canaveral, Florida.
A $100,000,000 fast-track, Engineer/Procure/Construct
aerospace contract involving successful pursuit of substantial
additional compensation for design and construction changes,
delay and acceleration through identification, analysis
and preparation of claim submissions on behalf of the
EPC contractor. (Owner: Private space contractor for
United States Air Force)
Brantley Dam, New Mexico,
involved a $46,000,000 earthfill dam construction contract
during which borrow area and foundation differing site conditions,
and changed foundation treatment requirements delayed construction
and increased costs to more than $100,000,000. Analyzed and
prepared claim submissions to Bureau of Reclamation. Mediation
following appeal and discovery before the Interior Board
of Contract Appeals resulted in the then-largest mediated
settlement of a federal construction contract claim. (Owner:
United States Department of the Interior, Bureau of Reclamation)
National Airport Fuel
Farm, Washington, D.C. involved
design changes to the fire suppression system and defective
specifications of the underground fueling (motor gas) piping
system, which delayed completion of construction of the new
fuel farm. Prepared and submitted prime contractor's claims,
which were resolved through negotiation. (Owner: Metropolitan
Washington Airports Authority)
McKinley Test Chamber, Eglin
Air Force Base, Florida. A
$6,000,000 fixed-price A/E contract for design of major renovations
to the Air Force's unique atmospheric and environmental test
facility used for extreme weather testing of aircraft, vehicles
and weapons. Owner-generated changes during design beyond
the scope of work documents resulted in substantial increases
in cost for added drawing preparation manhours associated
with inefficiencies, rework, delay and acceleration. On behalf
of the A/E contractor, prepared claims, and defended counterclaim
of design deficiencies, which were resolved through mediation.
(Owner: Corps of Engineers, Mobile District for the United
States Air Force)
Trenton Federal Courthouse Annex,
Trenton, New Jersey involved a $22,000,000
fixed price construction contract in which the General
Services Administration terminated the prime contractor
for default. On behalf of the contractor, we prepared
and submitted over $10,000,000 in claims (including 16
subcontractor claims) in support of entitlement to time
extensions to reverse the termination for default. Following
a 30-day trial before the General Services Board of Contract
Appeals, the board reversed the default termination and
found the majority of delays to be the responsibility
of the government. Decision reported as SAE Americon
Mid-Atlantic, Inc. v. General Services Administration,
GSBCA Nos. 12294 et al., 98-2 BCA - 30,084.
(Owner: General Services Administration)
Computer Chip Manufacturing Facility. State
and federal court litigation arising from $100,000,000 commercial
construction contract on major trade subcontractor allegations
of extra/additional work, delay, inefficiency and productivity
losses. Representation of the general contractor/construction
manager and the owner in defense of these claims and in prosecution
of counterclaims. (Owner: Private computer manufacturer)
Beaver Dam, Arkansas. A
$16,000,000 earthen dam repair contract, in which we represented
the contractor throughout the project and prior to performance
problems that resulted in termination for default. Following
the government’s
termination of the contract, we reversed the termination
for default in a 9-day trial before the Corps of Engineers
Board of Contract Appeals, based on proof of Type II
differing site conditions and the associated increased performance
time and costs. Prepared and negotiated the termination settlement
proposal. Decision reported as Soletanche Rodio Nicholson
(JV), ENG BCA Nos. 5796, 5891, 94-1 BCA 26,472.
(Owner: Corps of Engineers, Little Rock District)
Superfund Remediation Contract, New
Jersey. We represented environmental contractor
terminated for default on a multi-million dollar contract
for soil remediation of Superfund site including review
and analysis of EPA and construction manager actions
related to changes in the scope of the project that arose
during performance. Resolution of the dispute achieved
through mediation. (Owner: PRP Group Trust)
National Airport Terminal
Foundation, Washington, D.C . Represented
the contractor in this phase one contract for construction
of the airport's new terminal. The contractor encountered
differing site conditions (unanticipated cobbles and
boulders) in driving pre-stressed concrete piles that
forced piles out of specified tolerances, fractured piles
and necessitated redesign of reinforced concrete pile
caps. Claims for extra work, delay and disruption were
prepared, submitted and resolved through negotiation.
(Owner: Metropolitan Washington Airports Authority)
Navajo Dam, New Mexico, was
a dam restoration project involving excavation for and installation
of a concrete cut-off wall in the center of an earthfill
embankment dam into underlying bedrock at depths of up to
400 feet. The contractor's rock mill equipment encountered
lower than anticipated production rates due to differing
site conditions (extreme abrasivity of rock), increasing
excavation costs and the time of performance. We prepared
and submitted claims, which were resolved through negotiation.
(Owner: United States Department of the Interior, Bureau
of Reclamation)
Richmond Flood Control, Richmond, Virginia,
involved construction of driven pile foundations, concrete
floodwalls, gates and storm drainage works along both banks
of the James River . The contractor encountered defective
specifications, changes and differing site conditions, which
delayed the project and required accelerated performance.
The entitlement and pricing analysis to support the contractor's
claims required extensive evaluation of pile driving, rebar
and formwork operations to determine the impact of unanticipated,
non-contiguous construction ("leap-frogging") of
wall segments. The claims were presented through video and
graphics, as well as written materials, and resolved through
negotiation. (Owner: Corps of Engineers, Norfolk District)
Jamestown-Verrazzano Bridge, Rhode Island, involved
representation of the contractor, who encountered differing
site conditions (glacial deposits), which caused additional
pile driving efforts, while defective design specifications
of the heavy lift system and main span cantilever delayed
and disrupted performance, ultimately forcing acceleration
through planned winter shutdowns to complete the project.
Detailed factual analysis to establish the cumulative impact
of the changes and delays in inefficiencies and lost productivity
through scheduled overtime were undertaken in preparing the
claims, which were successfully resolved through mediation.
(Owner: Rhode Island Department of Transportation)
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