Mark E. Hanson
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)