Dispute Resolution & Litigation Support

Case Examples

Transportation & Infrastructure | Sports & Entertainment | Heavy Civil & Marine
Power & Process | Water & Wastewater | Commercial & Institutional

Water & Wastewater

Wastewater Treatment Facility – Massachusetts
A comprehensive study was undertaken by Soád Kousheshi on behalf of the owner of one of the largest wastewater treatment facilities in the U.S. experiencing excessive corrosion and odor control problems. The difficulties at the multi-billion dollar facility were the result of higher than anticipated hydrogen sulfide concentrations in the plant influent. The review examined the standard of care exercised by the engineer responsible for establishing design criteria for hydrogen sulfide levels that governed the designed capacity of the odor control facilities, as well as the choice of corrosion resistance materials used in various concrete basins. In addition to the technical evaluation, damages incurred by the owner, in excess of $50 million, for concrete coating removal, installation of PVC basin lining and expansion of odor treatment facilities were documented and presented in the final report.

Effluent Outfall Tunnel – Massachusetts
A general contractor submitted a $75 million dollar Type I and Type II differing site condition claim for the $200 million, 9.5-mile Effluent Outfall Tunnel. The Outfall Tunnel is one of the centerpieces of the $3.5 billion Deer Island Wastewater Treatment Facility and is designed to discharge up to 1.25 billion gallons of secondary effluent per day. During the course of mining operations, the contractor was not able to meet its anticipated daily advance. Christopher Burke assisted in the development of an extensive geotechnical investigation and technical evaluation of the 26-foot diameter hard rock tunnel boring machine performance on behalf of the project owner. The results of the rock testing program and TBM performance characteristics were utilized to challenge the contractor’s claimed loss of efficiency. Mr. Burke presented the findings of his analysis to the Disputes Review Board.