Dispute Resolution & Litigation Support

Reliable Power Project – Ohio
A/E/C Strategy was retained by the authorized vendor/subcontractor for a major generator manufacturer to furnish and commission six (6) 1,000 - 2,500 KW emergency generators and switchgear on a U.S. Army Corps of Engineers flood control project in Ohio. As a result of a number of factors, delivery and start up of the backup generators systems was delays over 3 years from the contractually agreed dates, resulting in a $2 million dispute with the project's prime contractor. A/E/C reviewed events related to submittal, approval, shop testing, delivery and field commissioning of the equipment and assisted the client’s counsel in reaching a settlement with the prime contractor for the project prior to start of litigation in court.

Takoradi Power Plant – Ghana, West Africa
Soád Kousheshi led a team of consultants to evaluate losses incurred by an international EPC contractor during construction of a 300 MW combined-cycle oil-fired power plant in West Africa. The $200 million World Bank sponsored project was the first fossil power plant of the West African nation, built in a remote and inaccessible region. The scope of the engagement was to prepare a Request for Equitable Adjustment to recover project cost overrun exceeding $50 million. The initial assessment phase was identification of potential causes for contract time and price adjustment. The final 13 volume claim package addressed site environmental, logistics and skilled labor problems, unforeseen conditions and owner interference in equipment approval and sequence of construction.

600 Megawatt Coal-Fired Power Plant – Philippines
A/E/C consultants prepared a claim for losses incurred by the project Engineer for duplication of work and loss of productivity experienced as a result of the lead consortium partner and project constructor’s poor planning and disruptive execution of the project. The cause and effect relationship, supporting the claimed damages, was established through correlation of change requests and documented delays and man-hours expended for engineering and procurement activities. A report was prepared and submitted to the project constructor in support of settlement negotiations.

Food Processing Facility – Oklahoma
A Korean multinational manufacturer had contracted with an engineering firm to design and build a bone marrow / beef processing facility in the U.S. The design-builder ceased work on the facility prior to final completion citing owner’s withholding of progress payments for late and faulty construction. Our consultants were retained to evaluate the system design and installation for various process components, and identify and document each system's failure to function as specified in the performance criteria. In addition, the damages resulting from corrective work, project delay and loss of profits were quantified and included in the expert report. The dispute was resolved in mediation.