| Services Provided |
• Dispute Resolution |
In July 1994, the JV was awarded a $70,600,000 contract to construct 3.88 miles of roadway for the Michigan Department of Transportation. This work included over one mile of depressed freeway with major retaining walls, bridges, a pump station, a railroad trestle, major sewer, and other utility infrastructure. Due in large part to poor construction document coordination, over $10,000,000 in change orders were written during the project and the Owner extended the contract open-to-traffic date (675 calendar days) and the contract completion date (536 calendar days). The Contractor filed a claim in the amount of $10,700,000. The claim alleged under-recovered home office overhead; increased labor and material costs and job expenses; reduced productivity for labor and equipment; and idled equipment as a result of numerous issues beyond the JV’s control.
ACM developed a position on entitlement and an extensive claim report in order to clearly correlate these entitlement issues with the project’s as-built critical path. ACM provided deposition preparation services to Counsel and provided testimony at depositions as an expert witness and as the “Person with Knowledge” on behalf of the Contractor.
A pre-trial three-person case evaluation panel recommended a pre-trial settlement for the JV in the amount of $5,600,000.
