Val S. McWhorter
Representative Cases
George C. Wallace Tunnel , Mobile, Alabama, is a sunken tube/concrete encased tunnel, through which I-10 passes under Mobile Bay . During construction, unanticipated lowering of the water table outside the cutoff pile approaches resulted in area settlement. Also, the salinity of the water at the point of tube lowering was different than represented, causing the tubes to resist sinking. Differing site conditions causing pile diversion were encountered in construction of the sheet pile cofferdam. Claims were prepared on differing site conditions, and defective specification issues, and were resolved through negotiation with the FHWA and the Alabama Highway Department. (Owner: State of Alabama Highway Department)
Indian Island Wharf, Oregon, is part of the Navy’s Trident program on the West Coast. Issues arose concerning differing site conditions encountered in driving concrete piles by jetting. Claims regarding these conditions and defective specifications were prepared and the matter was resolved through the Navy Chief's Board procedure. (Owner: United States Navy)
Grand Coulee Third Power Plant , Coulee Dam, Washington , was, at its completion in 1976, the world’s largest source of hydroelectric power. My involvement from initial excavation for the forebay dam and power plant through dedication included a myriad of issues including differing site conditions (rock overbreak), labor inefficiency, defective concrete design and schedule delays. The dam and power plant prime contractor, the penstock supplier and the turbine manufacturer were separately represented. Claims were prepared and issues resolved through negotiations. (Owner: U.S. Department of the Interior, Bureau of Reclamation)
Washington Metro, Section B-GC(Red Line), Washington, D.C., involved a cut and cover tunnel operation and track installation delays on the Washington Metro (WMATA) system. The claim issues included site access and availability, as well as design issues and differing site conditions surrounding the tunnel construction. Claims were prepared and were resolved through negotiation. (Owner: WMATA)
Washington Metro, Wheaton Station and Tunnels (Section B-10), Washington , D.C . , was constructed using the New Austrian Tunneling Method. In the course of construction, differing site conditions were encountered resulting in excessive rock overbreak increasing the quantity of concrete necessary for the tunnel lining. In addition, large quantities of water entered the excavation through the ventilation shaft. The events led to delays and increased costs. Claims were prepared and litigated successfully before the Corps of Engineers Board of Contract Appeals. (Owner: WMATA)
Pacheco Tunnel , Gilroy, California, involved excavation of the 5.3 mile tunnel performed in rock by the drill and blast method. During the course of construction, extreme ground pressures resulted in deformation of the steel support system and, at various reaches, failures occurred. Contract claims were prepared alleging differing site conditions (squeezing rock) and defective design. The matter was litigated before the United States Court of Claims, and was resolved through settlement. (Owner: United States Department of the Interior, Bureau of Reclamation)
Lakeview Lake , Texas , involved major excavation for what became the Joe Pool Reservoir. During the mass excavation, differing site conditions (soil characteristics) were encountered resulting in significant increased costs and delays. Claims were prepared and resolved through negotiation. (Owner: United States Army, Corps of Engineers, Fort Worth District).
De Queen Dam, Arkansas , an earthen structure, was constructed for flood control and recreation. During excavation of the reservoir, unanticipated rock was encountered, increasing costs and delaying the project. Claims were prepared and resolved through negotiation. (Owner: Corps of Engineers, Tulsa District)
Lexington Park at Patuxent NAS, Maryland, involved the clearing of existing dilapidated Navy housing and construction of new site services and roads. Design changes and differing site conditions occurred which increased the cost and delayed construction. Claims were prepared and were resolved through the Navy Chief's Board procedure. (Owner: United States Navy)
St. Stephen Power Plant, South Carolina, was part of the Cooper River Rediversion program and included canal excavation, earthen dam and hydroelectric power plant construction. The concrete specifications were defective resulting in owner-imposed changes. Disputes also arose as to the proper pay classification of excavated materials. Just prior to completion, leaks developed in the earthen dam and catastrophic failure was barely averted. Forensic work with geotechnical and engineering consultants was performed to help establish the cause of the leakage. Claims were prepared and tried successfully before the Corps of Engineer Board of Contract Appeals. (Owner: Corps of Engineers, Charleston and Savannah Districts)
Brantley Dam, New Mexico , involved construction of an earthen dam that encountered unanticipated difficulties in almost every phase: rapidly deteriorating foundation, excessive cleanup, faulty borrow areas, differing site conditions (underground caverns), and delays and associated labor productivity problems. Claims were prepared, and litigation commenced before the Interior Board of Contract Appeals. The parties agreed to mediation, and the matters were resolved. This settlement remains the largest mediated settlement of a federal contract construction claim. (Owner: United States Department of the Interior, Bureau of Reclamation)
Jamestown-Verrazzano Bridge , Rhode Island , was constructed over the Narragansett Bay in Rhode Island . It consisted of three main segments: a cast-in-place concrete trestle structure, heavy-lift precast approach spans, and a cast-in-place cantilever main span. The project encountered differing site conditions in pile placement (excessive driving necessary), defective concrete specifications, defective design issues and schedule delays that were overcome by acceleration. Claims were prepared and resolved through mediation. (Owner: Rhode Island Department of Transportation)
Launch Complex 40,Florida , was built under an Engineer/Procure/Construct (EPC) contract. Design evolution and changes by the owner caused the design effort to take far longer and affected productivity and the procurement process. This complex structure had an inflexible construction completion date, resulting in an accelerated effort in the face of continuing changes. Claims were prepared and resolved through negotiation. (Owner: Private space contractor for the United States Air Force)
Space Launch Complex (SLC3 East), Vandenburg Air Force Base, California , was completed under an Engineer/Procure/Construct (EPC) contract. During the design phase, changes occurred that caused inefficiencies and additional work and increased the cost of the design effort. Contractual analyses were performed and presented, with all matters being resolved. (Owner: United States Air Force)
Navajo Dam, New Mexico , restoration involved mechanical rock excavation and slurry wall construction. In excavating, differing site conditions in the rock were encountered (excessively hard rock), greatly increasing the cost of and time for excavation. Claims were prepared and resolved through negotiation. (Owner: Department of the Interior, Bureau of Reclamation)
Beaver Dam, Arkansas , was a dam restoration project. During attempted excavation for bentonite slurry wall through the dam, the contractor encountered differing site conditions (rock stresses) and defective specifications (failure of specified excavation equipment), making progress commercially impossible. The contractor was terminated for default. An appeal was taken to the Corps of Engineers Board of Contract Appeals, where the Board found Type II differing site conditions existed. The Board converted the termination to one for the convenience of the Government. (Owner: Corps of Engineers, Little Rock District)
Operations and Maintenance (O&M) Contract, at Fort Belvoir , Virginia . During performance, disputes arose as to the proper scope of work, differing site conditions and directed changes. Claims were prepared and resolved through negotiation. (Owner: Corps of Engineers, Baltimore District).
Little River Glen, Fairfax County , Virginia , is a public elderly residence. During the course of construction, design errors became apparent and changes occurred, resulting in schedule delays. The issues were resolved through litigation in state court and negotiation. (Owner: Fairfax County , Virginia )
Richmond Flood Control, Virginia, involved construction of flood walls along the James River . In the course of construction, differing site conditions were encountered in the pile driving operation and slurry wall construction. Contaminated soils and design changes were also encountered and delayed the project and increased costs. Issues regarding variations in quantity were addressed. Acceleration efforts, with attendant productivity issues, were undertaken. Claims were prepared and resolved through negotiation. (Owner: Corps of Engineers, Norfolk District)
The Washington Suburban Sanitary Commission (WSSC), Maryland , encountered numerous difficulties during construction. Changes in exterior granite, differing site conditions in the foundation (unsuitable materials), life safety systems issues, design problems with the curtainwall (wind loads), owner directed changes to interior finishes, and schedule delays were encountered. Claims were prepared and litigation commenced. All issues were resolved through mediation. (Owner: Washington Suburban Sanitary Commission)
Western Freeway, Portsmouth, Virginia, included a bridge structure and fill constructed from owner provided borrow areas. The materials proved defective (expansive clays) and claims for differing site conditions were prepared, presented and resolved through negotiation. (Owner: Virginia Department of Transportation)
McKinley Test Chamber, Eglin Air Force Base, Florida, a design (A‑E) contract, suffered numerous changes throughout the design process. This sophisticated atmospheric chamber is used to subject weapons, aircraft and other military hardware to extreme climatic conditions. The evolving design parameters from the owner significantly increased the design effort from its fixed price origin. Claims were prepared and resolved through mediation. (Owner: Corps of Engineers, Mobile District, for the United States Air Force)
Gallipolis Lock Replacement, West Virginia , involved construction on the Ohio River . The Project encountered differing site conditions in foundation and structural excavation (expansive clays), defective concrete specifications, defective gates, constructive changes, and schedule delays. Claims were prepared and resolved through mediation. (Owner: Corps of Engineers, Huntington District)
Coolidge Dam, Arizona, a repair project, was flooded during construction and issues arose regarding whether this was an Act of God or resulted from the owner's failure to manage the reservoir. In addition, there were labor productivity problems and differing site conditions. Claims were prepared and resolved through mediation. (Owner: United States Department of the Interior, Bureau of Reclamation)
James R. Olin Flood Control Project,Buena Vista, Virginia , involved the excavation and placement of materials from a government-furnished borrow area to construct levels along the Maurry River . There were differing site conditions with borrow areas, and varying quantities on stone protection of the levels. Claims were prepared and presented. The matter was litigated before the ENGBCA, and the issues were resolved through mediation. (Owner: Corps of Engineers, Norfolk District)
Olmsted Lock, Illinois/Kentucky, involved construction of a new lock on the Ohio River . During construction, the site was flooded by direction of owner with resulting increased costs and delay. The designs of reinforcing steel and concrete was defective and resulted in claims for recovery of increased costs. Claims were resolved through negotiation. (Owner: Corps of Engineers, Louisville District)
Anniston Chemical Demilitarization Facility, Anniston, Alabama, this project was part of the program for demilitarizing chemical weapons. The contract involved was for construction of the facility. During the course of construction, design deficiencies became apparent, differing site conditions were encountered, and costs increased. Requests for Equitable Adjustment were prepared, presented and resolved through negotiation. (Owner: U.S. Government, Corps of Engineers, Huntsville District)
Diamond Valley Lake Reservoir (West Dam), Southern California , this massive civil works project involved excavating, hauling and placing over 65 million cubic yards of material to create two dams, the largest being 1.7 miles long. Differing site conditions were encountered in the foundation for the dam and in the borrow areas. Claims were prepared, presented and resolved through mediation. (Owner: Metropolitan Water District of Southern California )