Dispute Resolution & Litigation Support

Highway Transportation Improvement Project – New England
A/E/C Strategy was retained by a construction management company and its professional liability insurer to defend against allegations of design omissions and engineering related cost overruns by the general contractor against the design engineer in its capacity as a subcontractor in the design-build team. The value of claimed damages is nearly $8 million. A/E/C has performed a detailed issue by issue evaluation of the claim and made a presentation during a mediation session. The dispute remains unresolved.

Post-Tensioned Viaduct Construction – Massachusetts
A general contractor engaged in construction of a post-tensioned concreted viaduct roadway in a busy international airport retained A/E/C Strategy. Numerous revisions to the sequence of detours directed by the construction manager had delayed the project nearly two years and caused the general contractor to incur additional costs in excess of $15 million. A/E/C consultants assisted the general contractor and its counsel in quantification of damages resulting from disruption of the planned sequence of work and preparation of a Request for Equitable Adjustment submitted to the managing state agency. In addition, A/E/C assessed and submitted a report on merit and quantum of a potential claim to recover damages related to handling and disposal of contaminated soils.

Airport Expansion Project – Massachusetts
Soád Kousheshi managed A/E/C Strategy's review and analysis of damages arising from discovery of contaminated soils during execution of a $187 million elevated highway construction project as part of a $1 billion modernization program at Logan International Airport. He also prepared a request for equitable adjustment for submission to the airport authority for productivity losses related to disruption of work due to numerous construction sequence changes by the owner.

Interstate Highway – Indiana
A claim by the contractor for a major Indiana interstate highway project was reviewed for damages arising from incorrect dimensions for an approach ramp and overpass elevations on the Contract Drawings. The Contractor's change order request for raising the constructed overpass structure and other remedial work was evaluated and an opinion on the value of the additional incurred cost was provided to the Engineer’s professional liability insurer.

Central Artery / Tunnel Project – Massachusetts
A general contractor submitted a claim valued in excess of $20 million for impacts and inefficiencies associated with unforeseen conditions and design changes directed by the owner on Boston’s Central Artery/Tunnel Project. A team of consultants led by Soád Kousheshi and Christopher Burke performed an independent assessment of the impacts spanning a two-year period. As part of the evaluation, a methodology was devised to calculate potential damages independent of the contractor’s total cost approach by examining the cause and effect relationships of each major operation and owner directed changes. The findings of the review formed the basis of the Owner’s final determination and presentation at the Dispute Review Board (DRB) hearings. In addition, an exposure analysis was performed to assist the owner in assessing the likely outcome of the adjudication process.

Intelligent Project Control System – Massachusetts
An A/E/C Strategy consultant led an effort to prepare an impact and inefficiency request for equitable adjustment on behalf of an electrical subcontractor performing installation of a $100 M state-of-the-art control system for a major metropolitan highway project. The system included fire detection and security system components, telephone service hook-ups, air flow monitors, radio system transmitters/receivers, loop detectors, overheight vehicle detectors, CCTVs, CO monitoring system, HC monitoring system, fiber optic communication cable, wiring, control cable and remote terminal units. This engagement included an analysis of loss of productivity and calculation of damages resulting from the general contractor’s direction to accelerate the installation schedule.

Central Artery/Tunnel Project – Massachusetts
Over 30 change orders identified as having potentially resulted from design errors and omissions on a $300 million construction contract were reviewed on behalf of a State transportation agency.  A report was submitted that included an assessment of each case with respect to breach of standard of care and valuation of damages subject to cost recovery by the State agency.