The Holloway Consulting Group, LLC has worked in the field at resort and hotel construction and arguably has more experience in such construction and related claims and disputes than any other expert. If you or your client are involved in dispute involving a resort, hotel, condominiums, luxury apartments or similar projects, you should hire an expert witness who has actually built such projects. See Holloway Consulting’s hotel claims resume.
This page provides clients with an overview of a recent California resort hotel project and dispute that will be of interest to those resort owners, hotel designers, hotel builders and contractors in a dispute, and preparing or defending against delay claims and seeking to retain a consultant and expert witness:
RESORT HOTEL CLAIM SUMMARY
During the project, the resort contractor held the concrete, steel, EIFS and other subcontractors responsible for schedule delays and defects; however, at the end of the project, the hotel contractor did an about-face on these same non-excusable issues and submitted a schedule delay and disruption claim alleging the hotel designer, hotel plans and Developer/Owner was instead responsible. Read on to see how Holloway Consulting’s engineering analysis, design analysis, schedule delay and damages analysis established the groundwork for the hotel project Owner’s defeat of these baseless construction claims.
DELAY CLAIM
The substantial completion of the condominium and hotel project was delayed by eight (8) months. As a result, the buyers of the pre-sold condos defaulted on their loans and the Owner sued the General Contractor for the lost sales. In reply, the hotel contractor sued the Owner for schedule delay and construction costs.
Having done an about-face on many non-excusable subcontractor issues, the General Contractor’s initial case against the Owner was based solely on the alleged cost and schedule impacts and disruptions caused by architectural and structural design issues. In mediation, Holloway Consulting was able to show that the General Contractor had either been paid for these issues or they were without merit.
Although many technical issues arose during the case, resolution ultimately focused on:
- Post tensioned slab floor leveling;
- Structural steel engineering, design, fabrication and erection;
- Curtainwall and guestroom window design, fabrication and installation; and,
- Structural concrete defect repairs.
The single most significant causal factor on the entire project was the contractors’ failure to level the PT decks prior to installing guestroom finishes. Instead, they installed carpet, baseboards, thresholds and floor, but had to rip it out and then level the floors.
CLAIM METHODS AND ANALYSIS
Because the dispute centered around issues related to the hotel designer, hotel design, hotel construction, construction schedule delay and delay damages, Holloway Consulting performed various types of construction analyses on behalf of the Owner, which included:
- General contractor and subcontractor bid analysis;
- Prime contract terms and condition analysis;
- Post tensioned concrete design analysis;
- Structural steel design analysis;
- Architectural design evolution analysis;
- Request Information analysis;
- Change Order Request/Change Order analysis;
- Modified Total Cost Damages analysis;
- Schedule Update Analysis and Schedule Delay Analysis;
- General Contractor standard of care.
CONCLUSIONS
The General Contractor presumably concluded that he had no chance of prevailing unless he did an about-face and blamed the Owner for the same issues that he had first blamed on the subcontractors. Nevertheless, at the end of the day, the General Contractor was unable to disguise the schedule delays and defects caused by the concrete, steel, EIFS and other subcontractors.
Holloway Consulting’s engineering analysis revealed that the General Contractor had been paid for all valid contract changes, and was responsible for the delays to substantial completion. Our Owner-client achieved a very favorable settlement of this matter.
CALL HOLLOWAY CONSULTING – TOLL FREE – 888-545-0666, OR CONTACT US VIA EMAIL ABOUT YOUR PROJECT.
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