LITIGATION SUPPORT – CONSTRUCTION, SURETY & ENVIRONMENTAL
CONSTRUCTION DEFECTS / MOLD: Engaged by environmental insurance carrier’s outside counsel to determine what costs and damages were applicable to the mold pollution condition. The Property was a recently constructed, three building complex with four floors per building and a total of 273 units. Issues included: (a) moisture intrusion due to complete failure of exterior building envelope; (b) associated moisture intrusion – building interior; (c) moisture and mold; (d) mold growth – building interior; (e) mold remediation – building interior; (f) mold growth – exterior building envelope; (g) mold remediation – exterior building envelope; and (h) business interruption. Served as expert witness at 3-day mediation proceedings with counsel.
FRACTIONAL CONSULTING: Engaged by prime contractor as onsite fractional Project Executive, at the request of contractor’s attorney, to provide daily construction and operations strategic management over 24-months on a $19 million-dollar, bonded, metropolitan rail infrastructure project. Duties included regular surety briefings, continuous litigation support, delay claim preparation for attorney review, entitlement assessments, change order preparation, and contract delay claim, change order, and project closeout settlement negotiations.
LITIGATION SUPPORT: Claims development, litigation support, and settlement negotiations on a $1.8 million dollar bridge span replacement for a prime contractor with annual volume of $80 million dollars. Engagement – 12-month effort. Issue included: (a) structural rehabilitation of an existing bridge over multiple active railroad tracks; (b) change order validation, presentations and negotiations; (c) Time Impact Analysis to validate time extension versus delay damages; (d) DBE participation compliance; (e) over track scaffolding compliance with CSX; (f) unforeseen site conditions such as – structural concrete spalling / structural needle beams and anchor bolts.
CONSTRUCTION DEFECT: Engaged by hotel development and management partnership for coastal building completion assessment and recommendations related to contractor failure to complete and surety intervention pursuant to Maryland Little Miller Act.
MOLD: Engaged by environmental insurance carrier to: (1) investigate and quantify mold growth uncovered during the renovation of a two building, 14 story hotel with 400 rooms; (2) observe remediation activities on a floor-by-floor basis; and (3) analyze and review claimed costs relative to the extent of damage applicable to the pollution condition.