Brian J. Vella
Representative Cases
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)
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: Corp of Engineers, Norfolk District)
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 litigation was initiated in the Circuit Court for Providence, Rhode Island. The claim was eventually resolved through mediation. (Owner: Rhode Island Department of Transportation)
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)
Dominion Semi-Conductor Project – 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)
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)
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)
Milwaukee Theatre District Project, Wisconsin – involved a variety of defective design issues, differing site conditions, owner financing disputes, subcontractor disputes and defective work allegations related to the construction of the Milwaukee Theatre District Complex, a project that included subsurface parking, retail shopping and high-rise commercial office space interconnected with an existing historical theatre structure. The claims and counterclaims were resolved through a combination of arbitration and litigation. (Owner: Trammel Crowe of Milwaukee).
Front Royal Water Improvement Project – a contractor performing part of the work on a project to obtain water from the Shenandoah River to be used as a water supply for the Town of Front Royal submitted claims related to delays. The contractor claims were resolved through litigation in a trial before the Circuit Court for Warren County, Virginia. (Owner: Town of Front Royal, Virginia).
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)
VSL Design Dispute – the designer for a portion of the work on a bridge project was sued by the owner and the construction contractor for additional costs caused by defective aspects of the bridge design. Litigation was convened and after extensive discovery, the parties agreed to mediation, where the matter was resolved. (Owner: Rhode Island Department of Transportation)