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Client: Gordon & Rees LLP
Market Segment: Educational
Services Provided: Claims Analysis & Dispute Resolution
Location: Hayward, CA
Project Value: $2,800,000
California State University (CSU) awarded a contract for the $2.8 million Hayward Library Building Asbestos Abatement project. The project work was to be completed in six phases within 225 days from the Notice to Proceed. The NTP was in August 1993, and the contract completion date was March of 1994. CSU accepted the project on July 19, 1994, and assessed liquidated damages in excess of $300,000. Regarding the phases, CSU and the project Architect asserted that the Contract plans and specifications limited the Contractor to working in no more than two phases during a given period. The Contractor requested to work in three or more phases at one time. The Contractor alleged that CSU's failure to authorize it to work on more than two phases of the project at one time was a major source of delay. The Contractor submitted a claim for $2.4 million for additional compensation for alleged extra work, delays, and productivity impacts associated with its work on the project.
Trauner was asked to review and critique the schedule analysis work, prepare a detailed analysis of the claim, and provide expert testimony at trial. Our services included:
- Independent review and delay analysis
- Determination of liabilities for delay
- Identify costs associated with the impact of delays
- Assessment of liability for contractor-asserted claim issues
- Determination of impacts and damages for issues of entitlement
- Review of contract documents, all correspondence, contract drawings, project schedules, manpower report, daily reports, meeting minutes, videos, logs, and other files
- Review of damage calculations with CSU's auditor
- Review of deposition transcripts from all parties involved, including subconsultants and others
- Review of measured mile project comparisons and provide cost and productivity analysis
- Expert testimony
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