Dispute Resolution & Litigation Support

Navy Pier – Washington State
A/E/C was retained by a design-build contractor to prepare a claim to recover over $6 million in damages incurred resulting from design errors by its engineering subconsultant. A major portion of the pile-supported pier had to be redesigned because of an error in the foundation design. A/E/C assessed the resultant scope change and valued the incremental additional cost incurred by the contractor including direct and extended overhead costs associated with project delay and delay mitigation efforts. A/E/C submitted an expert report (U.S. District Court Case No. CV-03 5047 FDB) on delay and total damages claimed by the contractor. The dispute was settled prior to trial.

Shipbuilding Facility – Maine
A/E/C consultants conducted a comprehensive review of alleged damages resulting from type I differing site conditions and other erroneous information in the contract documents for a $200 million state-of-the-art shipbuilding facility in New England. The facility was built on the edge of the river, on a combination of reclaimed land and pile-supported foundation. Scope of the engagement included review of contract documents prepared by the engineer, as well as a detailed comparison of actual and depicted marine sub-surface conditions, using computer-aided techniques to assess the merit of contractor allegations. Damages based on a determination of partial merit were quantified and the findings of the review were included in an expert report and presented in pre-trial mediation. The dispute was settled in mediation.