Dispute Resolution & Litigation Support

High School Science Center – Massachusetts
A/E/C was selected to provide expert services to assist in defense of delay claims set forth by the contractor against the Project Architect and MEP Engineer. These claims, in excess of $10 million, alleged changes to the MEP and building envelope systems, building code violations and other design errors caused over 530 days of delay and significantly increased final construction cost. In evaluating the delays, A/E/C performed a detailed contemporaneous delay analysis to quantify and allocate delay responsibility and presented its findings during several mediation sessions. A negotiated settlement was was reached between the owner, contractor and the design team.

Medical Insurance Data Center – Massachusetts
A/E/C was selected to provide expert services to assist in defense of delay and damage claims set forth by the electrical subcontractor against the Project Owner. These claims alleged numerous change orders and delays caused by predecessor trades required a substantial acceleration effort to recover delays, leading to a loss of productivity. A/E/C performed an assessment on the timing and extent of overtime hours to validate the damage calculation methodology used by the claimant. A/E/C issued an expert report and assisted counsel through a negotiated settlement process prior to litigation.

Residential Apartment Complex – Massachusetts
A/E/C was selected to provide expert services to assist in defense of claims made by the Project Owner against the Project Architect and its professional liability insurer. These claims alleged fire code violations related to the exterior sheathing of two of the six buildings increased the contractors direct cost and delayed the project completion. A/E/C performed a delay analysis and an assessment to demonstrate the majority of cost elements claimed by the contractor were unrelated to the fire code violation issue. A/E/C presented its findings during several negotiation sessions. This dispute is still pending resolution.

Falmouth High School Expansion – Massachusetts
A/E/C was selected as the damages expert to testify in trial at Barnstable County Court in Massachusetts on behalf of the defendant and counter-claimant in the case of ARCADD, Inc. v. Falmouth Public Schools. The dsipute involved termination of the Project Architect during the construction phase and re-design of certain aspects of the facility resulting in direct damages as well as losses associated with delays to completion of the project. A/E/C worked with the standard of care expert and the schedule delay expert to identify scope of the work to be quantified in its assessment of counter-claimed damages. Mr. Kousheshi testified on the matter in September 2009.

Municipal Maintenance Facility – Massachusetts
A/E/C Strategy was retained by a the Town Building Committee to assess allegations of delay and disruption in connection with construction of two buildings for use as public works maintenance facilities. The contract dispute included a split notice to proceed due to delay in completion of preceding contract work, differing site conditions and delays in fabrication and delivery of structural steel. A/E/C performed an independent analysis of delays caused by each party and prepared an estimate of compensable damages an an exposure assessment for negotiation purposes of the $1 million claim. A/E/C assisted the Building Committee and Town Counsel in reaching a equitable settlement in mediation.

Candy Manufacturing Facility – Massachusetts
A/E/C Strategy represented the project owner investigating multi-million dollar claims asserted by the design-builder related to this $75 million contract. This project included renovations to an existing warehouse building and subsequent relocation of the candy manufacturing equipment into the newly renovated building.

Community College – Rhode Island
A/E/C Strategy was retained by the Rhode Island Board of Higher Education as an expert to assess allegations of delay and cost overrun in construction of the $10 million facility due to a number of design related issues. Soád Kousheshi testified in the arbitration proceedings on his assessment of the causes of delay and value of direct and indirect damages.

Television Station Headquarters – Massachusetts
Soád Kousheshi is serving as an advisor to a television station in the review of project cost overrun and delay and the contributing causes to insure accountability. The review includes an audit of subcontractor change orders for reasonableness and supporting documentation.

Elementary School – Massachusetts
A/E/C Strategy was retained as an expert on behalf of a Massachusetts town to review and rebut a report submitted by an expert for the general contractor alleging 14 weeks delay incurred during construction of an elementary school. Christopher Burke assisted in reaching a negotiated settlement in this case.

Elementary School – Massachusetts
A/E/C Strategy was retained by a Massachusetts town to review numerous defects identified at an elementary school, investigate conformance with contract requirements and provide an opinion regarding the fair value of remedial work. The scope of work included detailed inspections and photo documentation, review of contract drawings and specifications, and development of a detailed estimate. A/E/C issued a summary report on its findings, and the dispute was settled in negotiation.

Hotel & Conference Center – Missouri
A/E/C Strategy was selected to provide dispute consulting services on the $150 design-build project consisting of historic renovation of a 100 year old hotel, addition of a new tower with 476 guest rooms, a 50,000 sq. ft. conference center, and new parking garage for 880 vehicles. The project has experienced cost overruns which resulted in the dispute between the design-builder and its architectural and engineering consultants. A/E/C prepared an assessment of the merit and value of claimed general condition costs and presented the summary of its findings in court-mandated mediation.

Airport Terminal – Michigan
A/E/C Strategy was selected to provide expert services to assist in defense of several claims by the general contractor for a newly completed international terminal. The contractor filed a complaint in Federal Court alleging changes to the scope of work during the shop drawing approval process, resulting in direct additional work and constructive acceleration of the project. A/E/C’s primary role was assessment of the causes of project delay and to quantify any compensable acceleration costs.

Medical Center – Massachusetts
Christopher Burke led an engagement to review hundreds of changes submitted by the project general contractor resulting from design errors, incomplete contract drawings and lack of coordination between architectural, structural and MEP drawings for a major medical facility in Central Massachusetts. A position statement was prepared for each issue and presented in mediation proceedings which concluded with settlement of all disputes.

Condominium Project – Connecticut
Our consultants assisted counsel for a Connecticut developer in defending claims brought by the Home Owners’ Association for a newly renovated 45-unit apartment/condominium conversion project. Scope of services included review of the work performed by the developer’s subcontractors, identification of substandard work and required remedial work to meet state and local codes. We also met with the association experts to negotiate the value of the remaining obligations of the developer in a effort to reach a negotiated settlement.