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The general contractor retained CPMI to evaluate the surety’s claims. CPMI compared labor costs during disrupted periods versus non-disrupted periods, developed a detailed as-built schedule, prepared an overall project schedule analysis and provided expert testimony during the trial. As a result, CPMI successfully refuted the claims, demonstrating that the loss of productivity was due to the subcontractor’s actions. The general contractor prevailed. |
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Initially, the owner retained CPMI to review the contractor’s completion schedule and to determine the effect of the changes the owner had requested. The owner eventually terminated the contractor for default due to continuing delays and failure to produce a reasonable schedule to complete. Subsequently, the owner’s counsel retained CPMI to prepare a delay analysis and to provide expert witness testimony concerning the project delays and various technical issues, including slow manufacturing of the prefab cells. The trial judge determined that termination for default was justified, and the decision was upheld through appeal. |
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The contractor’s claims totaled over $40 million for extra work and delay and disruption caused by the owner’s late decisions, work stoppages, equipment issues, utility coordination and start-up activities. CPMI organized all documents by key issue to support the litigation; assessed all major issues; evaluated schedules prepared by the owner and contractor; and prepared a detailed delay analysis to identify excusable and compensable time extensions. CPMI prepared graphics to present the findings at mediation, where a favorable settlement was made for the contractor. |
During the renovation of a large urban rail station and office complex, the project’s electrical subcontractor filed for bankruptcy. The surety that undertook project completion soon filed a claim against the general contractor for delay and reduced labor productivity, citing several unrelated causes, including asbestos removal, tenant drawing revisions and multiple changes.
During construction of a 14-story medium-security detention center, the contractor was delayed by owner-requested changes, manufacturing problems with the prefabricated metal prison cells, and installation issues regarding the surveillance and security systems.
The turnkey contract for a cogeneration plant stipulated fast-track construction with liquidated damages assessed at interim milestones and at turnover. The project was completed three months late. The contractor responsible for engineering, procurement and construction retained CPMI to develop a claim against the owner for recovery of costs and to defend against the owner’s claim for liquidated damages.