Wetlands Effluent Treatment and Discharge System, Louisiana
Construction Dispute Summary
The case involved a construction contract dispute between Holloway Consulting’s client, the civil construction contractor, and Conagra, the owner of the site in Louisiana. The primary issue in our client’s construction claim and in arbitration was whether or not Conagra was responsible for the additional wok and cost incurred by our contractor-client during site civil work and earthmoving operations.
The Contractor’s proposal was based on 175,000 cubic yards of excavation. However, due to the errors in the owner’s site surveys and topographic data, the Contractor was required to move more earth (800,000 yards) than originally estimated. The performance of this additional work within the original contract period, without a construction schedule or completion date adjustment, amounted to a differing site condition and constructive acceleration of the Contractor’s performance. The Contractor was entitled to be paid for costs associated with the acceleration and the cost of the increased scope of work.
Holloway’s Expert Witness Analysis and Testimony
Steve Holloway and Holloway Consulting performed a schedule delay analysis and contract damages analysis and testifed in arbitration on behalf of the contractor. Mr. Holloway explained that under the circumstances of this case, the contractor had entitlement for differing site condition and constructive schedule acceleration, and should be paid the full claimed amounts.