Holloway Consulting is an expert in heavy civil construction projects and claims. Some of Holloway’s heavy civil projects to be addressed here over the coming weeks include:

Heavy civil Construction Projects and Claims Expert

In 1978, Mr. Holloway worked as a Project Engineer in the home office of Stearns-Roger on EXXON’s commercial scale oil shale surface mining and extraction plant then to be constructed near Parachute, Colorado.

COPPER MINING AND SMELTING; SONORA, MEXICO

In 1979, Mr. Holloway was a Project Engineer in the home office and in the field for the Turnkey Contractor, Fluor Mining & Metals, on this GrupoMexico copper ore open-pit or opencast mining and smelting project.

BAUXITE MINING AND ALUMINA SMELTING; JAMAICA

In 1980, Mr. Holloway was a Project Engineer in the home office and in the field for the Turnkey Contractor, Kaiser Engineers and Aluminum, on this opencast bauxite mining and alumina smelting project.

RADIOACTIVE MATERIAL PROCESSING AND DISPOSAL; IDAHO

This project and claim involved Holloway Consulting’s subcontractor-client’s 1995 conceptual engineering and design of automated and robotic systems used in the extraction and disposal of buried nuclear weapons and related materials. The opposition was the world’s largest US defense contractor under contract with the DOD.

UNDERGROUND COAL MINE DEVELOPMENT; WEST VIRGINIA, KENTUCKY, AND COLORADO

Holloway Consulting was a damages claims expert in 2005 for the terminated Houston, Texas-based Turnkey Contractor in litigation on these construction projects.

COAL MINES; WYOMING AND MONTANA

Holloway Consulting was also a damages claims expert in 2005 for the terminated Houston, Texas-based Turnkey Contractor in litigation on these projects.

HOOVER DAM BYPASS BRIDGE AND HIGHWAY 93 ARBITRATION

COUNTY STATE AID HIGHWAY IMPROVEMENTS, MINNESOTA

COLORADO HIGHWAY 83 EXPANSION PROJECT, CDOT

Holloway Consulting was the causation and damages claims expert on behalf of CDOT in a case involving the terminated contractor in litigation on this highway construction project.

Uranium Mine Tailings Evaporation Cell, Utah

Holloway Consulting was the causation and damages expert on behalf of the Owner in this case involving the terminated contractor in litigation on this $10 million heavy civil and mining project. The Substantial Completion date shown in the Contract for the entire (trapezoidal shaped, ~35-acre, Uranium tailings evaporation) cell was October 15, 2010; the Contractor received the Notice to Proceed (NTP) with construction on October 28, 2009; site construction activities were underway by November. Construction operations, progress, costs, efficiency, schedule, etc. were soon impacted by a number of issues, such as unqualified and unproductive personnel, abnormal weather, normal rain and winter weather, a highway equipment accident, delayed start of blasting, the (late) mobilization of equipment, and an equipment spread that varied from bid/Contract spread, amongst others. Although the Contractor fell further behind schedule, it overbilled the Owner. In August 2010, the Contractor issued a notice of termination, walked off and liened the job, and terminated its work. Although the Owner had overpaid the Contractor at that point, the Owner subsequently paid (1) additional amounts that the Contractor owed but had not paid to two of its subcontractors to settle lien and payment bond claims, and (2) the Owner’s own forces, and others, to complete the work at significant additional cost. As a result of the Contractor’s breaches of Contract, the Owner seeks to recover $3 million the over payments, subcontractor lien payments, and the costs of completion from the Contractor in this litigation. In turn, the Contractor has filed various claims totaling $2 million against the Owner for changes, delays, acceleration, disruption and the like.

UNDERGROUND URANIUM MINES; NEW MEXICO AND WYOMING

UNDERGROUND COPPER MINE, UTAH

HIGHWAY 5 GRADING/PAVING, IDOT PROJECT, CARLISLE, IOWA

Heavy Civil Construction Project Claims and Litigation Topics

All of these civil construction projects were constructed through the use of heavy civil soil and rock moving equipment such as dozers, scrapers, excavators, articulated trucks, water equipment, dust control, haul road equipment, compacters, etc. Therefore, we are experts in the analysis of the bid/contract versus actual performance of civil operations using such equipment.

Cut/fill earthwork operations are part of most heavy civil operations, both in terms of soil and overburden removal and construction of the ever-changing network of roads and drainage involved. In these instances, the techniques, equipment and labor applied are in many ways the same as for normal earthwork operations on a highway construction project or a commercial project development. Likewise, the analyses of changes, entitlement and damages quantification remain very similar, whether a heavy civil or highway construction project. As a result, cut/fill earthwork operations are not only part of our open pit and civil and heavy civil jobs, but are also part of numerous other projects, including commercial building projects.

Rock blasting is often a part of a heavy civil construction operations – all of the projects shown here, and also part of other civil projects involved substantial blasting, with and without overburden, and for removal of rock formations, shaping slopes, etc. Mechanical ripping of surface and subsurface stone and rock materials was also part of these projects.

All of these mine sites included some combination of tailings impoundments, levees, dikes, dams, berms, etc. These 25-75 acre tailings cells were for disposal of processed ore, with excess cut used for closure cover and other site construction. Embankment construction is common to these cells, and range in height from ~25 ft. to 75 ft.

These sites also have retention basins, wet ponds and/or wet detention basins to manage storm water runoff along with detention basins or dry ponds to temporarily store storm water. The key element is that these facilities must be designed and constructed to minimize mine process interruptions.

Heavy civil construction means and methods (e.g., haul routes, road plating, temp. roads, temp. access, etc.), equipment spreads and material haul routes are a fundamental element in most or all heavy civil projects, and many other Holloway projects such as airport construction (i.e, DIA runways), highway and road building, etc. Similarly, earthwork and excavation equipment budgeting, utilization and costing and damages are parts of most civil construction projects and claims, perhaps most recently/notably at Hoover Dam Bypass Bridge Arbitration case.

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The Holloway Consulting Group, LLC
Heavy Civil Construction Advisers, Managers and Experts
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International Toll Free: (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

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