Facts of the Case
This abstract summarizes Holloway’s services on a $10M Mixed-Use Project in Denver. The contract amount was $10M with a 13-month construction schedule. Substantial completion was ultimately delayed 18 months. The Owner withheld $1 million in liquidated damages due to contractor-caused delays. The contractor filed suit and demanded arbitration.
Summary of Issues
The Owner’s case was that contractor-caused delays such as a massive number of defects controlled the critical path and substantial completion date. The contractor’s case was the owner delayed the job due to its failure to approve dozens of change requests.
Holloway’s Expert Witness Services
Holloway’s expert witness services were on behalf of the Owner. Our testimony in arbitration was that the contractor had performed as poorly as any we have previously encountered. The contractor’s expert did not perform a delay analysis but rather testified that those change requests somehow must have been concurrent with the contractor’s delays, in which case the owner could not recover LDs.