Claim Preparation & Support

Mr. Jennings has years of experience preparing, presenting, and defending claim documentation to various owners. The majority of Mr. Jennings’ experience has been in the underground sector of construction including the following types of work: utility, dam, shoring, dewatering, and jet grout.

 

Claims have involved recouping costs for extended performance, corporate office overhead, and production inefficiencies resulting from acceleration, crowding, labor rhythm/harmony issues, and multiplicity of changes. Methods employed have included Mathews Curve, MCAA labor rates, the measured mile approach, Eichlaey’s formula, and simple recapture of monies spent as collected from contractor cost reports.

 

SJ Construction Consulting, LLC presents data in a clear, concise, and professional manner which streamlines the time for negotiation and settlement. Below is a listing of claims in which Mr. Jennings has taken a lead role.

Owner: National general contractor
Location: Honolulu, Hawaii
Project: Multi-story residential building foundation excavation
Claim: Contractor had to perform additional over-excavation/backfill both horizontally and vertically for pile cap and grade beams. Contractor excluded this at bid time. Entitlement was granted after thorough documentation on a daily basis by Contractor.
Venue: Contractor negotiations – partial counsel involvement.

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Owner: A Public State Department
Location: Within the state of Hawaii
Project: Dam modification
Claim: Contractor encountered a landfill during the work which contained asbestos. The project went into suspension and the Contractor could not fully demobilize. Request to owner was for extended performance due to contract delays as well as standby costs for earthmoving equipment.
Venue: Negotiation with the Owner.

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Owner: County
Location: Within the state of Hawaii
Project: Waterline installation
Claim: Untimely redesign by owner and a late start to the project resulted in inefficiencies in the work and extended performance costs in the way of project staffing and main office overhead.
Venue: Owner negotiations resulting in courtroom mediation in Judge’s chambers.

* * * * *

Owner: City
Location: Oahu, Hawaii
Project: City-owned vehicle cleaning and storage yard
Claim: A multiplicity of changes in the work, an adversarial City inspector/Contractor superintendent relationship which resulted in a physical altercation, poor weather, and the existence of a 50+ year old landfill unbeknownst to the Owner resulted in time and cost impacts to the Contractor.
Venue: Formal mediation at dispute resolution facility.

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Owner: National general contractor working for the Corps of Engineers
Location: Schofield Barracks, Oahu, Hawaii
Project: Dormitory and campus construction
Claim: This design assist project did not adequately describe the depths at which excavation for electrical conduit should have been installed. This three month project turned into eight months. Claim involved additional management costs, schedule impacts and consequential costs resulting from this schedule protraction, and labor rhythm/harmony issues.
Venue: Negotiations with general contractor.

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Owner: Public Water & Sewer Utility District
Location: Tacoma, Washington
Project: Installation of 12,000 LF of underground water line
Claim: Poor notification during the project presented a challenge in recouping payment from the Owner. Also central to the claim was a non-written pre-bid commitment by the Owner’s traffic control division that was reneged upon by the project inspection staff.
Venue: Formal mediation at a third party attorney’s office.

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Owner: Federal government
Location: Ford Island, Oahu, Hawaii
Project: Submarine bore and underground land utilities
Claim: Untimely management of the Contract by the Owner resulted in schedule delays.
Claim preparation required extensive knowledge of Primavera scheduling software to earn equitable adjustment in time and cost from the Owner.
Venue: Direct negotiation with the Government.

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Owner: City
Location: Honolulu, Hawaii
Project: Effluent pump station and UV treatment facility
Claim: Existing ground conditions for installation of a jet grout bottom plug were not as described in the Contract Documents. Spearin Doctrine was employed and Contractor was granted time extension and costs resulting from additional direct and indirect impacts.
Venue: Formal mediation at dispute resolution facility.

* * * * *

Owner: City
Location: Coastal Washington
Project: Wastewater storage tank and pump station
Claim: Bottom of sheetpile cofferdam blew due to an underground artesian water source not identified in the Contract Documents. Contractor was compensated in costs resulting from time impacts and acceleration. A time extension was granted which still permitted the Contractor to be paid their incentive payment.
Venue: Direct negotiations with City management.

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Owner: Major public transportation facility
Location: Seattle, Washington
Project: Installation storage tank and pump house for domestic/fire water
Claim: Project was not adversarial, but the Client desperately needed major acceleration.
Primavera scheduling combined with extensive forward pricing in short order was accepted by the Owner.
Venue: Direct negotiations with the Owner.