transportation > Highways

T. Brown Constructors Inc. vs. Texas Department of Transportation
Texas, USA

Engaged by the Texas Department of Transportation to provide expert analysis and testimony in connection with damage claims made by Contractor in connection with the construction of a State Highway in the State of Texas. At the original trial in 1992, We provided analysis and expert testimony in an Administrative Hearing setting. The Contractor appealed and the District Court remanded to the State Office of Administrative Hearings limited matters to review, dealing with specifications required by the State, which were found to be arbitrary, and inspection tests employed by the State that were found to be inappropriate and subjective. We provided expert testimony on the types of damages that could and could not have resulted from such actions by the State, the reasonableness of the Contractor’s damage quantification methods, and the schedule / inefficiency and cost impacts incurred by the Contractor that were a result of the Contractor’s own operations and management.

Bangerter Highway
Salt Lake City, Utah

Engaged by the Utah Department of Transportation (UDOT) to review a claim filed by a subcontractor on the construction of approximately 5 km of SR-154, Bangerter Highway. The principal work of this approximately $32 million Project included concrete pavement, roadway excavation and a bridge embankment, and involved numerous utility adjustments and relocation work. Nielsen-Wurster reviewed Project documentation and performed a detailed analysis of the Subcontractor's claim to assess UDOT's liability for claimed delays. Using the results of a schedule delay analysis, Nielsen-Wurster provided the essential correlation between causal delay factors, quantification of time and the effects of disruption, inefficiencies and other cost impacts. Nielsen-Wurster then compared the results to the Subcontractor's claim and offered an opinion regarding a reasonable settlement. This Project demonstrates Nielsen-Wurster's experience with transportation projects and its ability to provide schedule analysis to quantify delays, identify key issues, and give an assessment of the strengths and weaknesses of a contractor's claim.

Eastern Transportation Corridor
Orange County, California

Engaged by the Transportation Corridor Authority (TCA) through Counsel to assist TCA's Design Manager, the Corridor Design Management Group (CDMG), with administration of the Design / Build Contract for the Eastern Transportation Corridor, including assistance with the dispute resolution process. We provided analysis and evaluation of the impact of the disputed issues concerning changes in the Project's basic configuration / alignment, bridges, right-of-way, changes in Agency / Caltrans Standards, toll facilities, electrical revisions, corridor operating system, differing site conditions and utilities.

Highway Construction and Reconstruction Projects
West Virginia, USA

Engaged by the West Virginia Department of Highways (DOH) for the review and analysis of four separate claims (three filed by one contractor and one filed by a separate contractor) submitted on four distinct projects. Each of the four projects involved varying levels of highway construction and / or reconstruction tasks. The projects occurred in various counties throughout the State of West Virginia and included lane construction, pavement installation, pavement demolition, grading, regrading, road widening, bridge and retaining wall construction, and resurfacing. The projects were alleged to have been subjected to delays and impacts arising from weather, quantity overruns and design errors. We evaluated the allegations made by the contractors including an analysis of the weather, quantity overruns and design errors, and their resultant delays and impact. We used available Project records including plans, specifications, contracts, daily diaries, monthly reports and periodic Critical Path Method (CPM) schedule updates to determine whether any schedule and / or disruption impacts had actually been incurred. After arriving at a supported damage assessment based upon the results of the analysis, our company presented these findings to the DOH. Our company also aided the DOH in preparation and the achievement of favorable settlements for all four projects.

Asphalt Resurfacing Project, Highway 9
Allen, Nebraska, USA

The Nebraska Department of Transportation (NBDOT) engaged our company to review a $530,000 claim filed by the General Contractor on an approximately $900,000 highway resurfacing Project. The Project involved the milling and resurfacing of approximately 12 miles of Highway 9, north and south of Allen, Nebraska. The Project was alleged to have changed from mostly a resurfacing to a predominately patching project. We performed an evaluation of Contractor’s allegations, including an analysis of changes in the site condition, and scope and progress of the work. Nielsen-Wurster used available Project records including plans, specifications, contracts, correspondence, change order records, field diaries and daily records to determine whether any schedule and / or disruption impacts had actually been incurred. We arrived at a preliminary damage assessment based upon the results of its analysis and presented these findings to the NBDOT.

Interstate 95
Ft. Lauderdale, Florida, USA

Our company provided the Florida Department of Transportation (FDOT) with claim analysis services on a portion of Interstate 95 near Ft. Lauderdale, Florida. The Project involved $81 million of new construction and reconstruction including bridge decks, substructure, fly-overs and park-n-rides. The Contractor was a large international contractor from London, England. We performed a variety of services including contract administration assistance, Risk Management, dispute resolution services and litigation assistance. We were able to assist the FDOT throughout the project to resolve issues and claims during construction and, at project completion, were requested to analyze all final claims. Our report was utilized in successfully resolving $25 million in claims during the Project.

Shawnee Mission Parkway
Kansas, USA

The Kansas Department of Transportation (DOT) engaged our company to review a $6.2 million claim filed by the General Contractor on a $5.3 million highway reconstruction Project. The highway reconstruction occurred along a 1.5-mile stretch between the cities of Shawnee and Merriam, Kansas. The Project, which included pavement demolition, regrading, road widening, bridge and retaining wall construction, barrier wall construction and resurfacing, was alleged to have been subjected to delays and impacts arising from elevation and design errors. Project scope involved evaluating the allegations made by the Contractor, including an analysis of the elevation and design errors and their resultant delays and impact. We used available Project records including plans, specifications, contracts, daily diaries, monthly reports and periodic Critical Path Method (CPM) schedule updates to determine whether any schedule and / or disruption impacts had actually been incurred. We arrived at a preliminary damage assessment based upon the results of its analysis and presented these findings to the DOT. Our company also aided the DOT in preparation for and the achievement of a favorable settlement.

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