Motor Fuel Debutanizer Plant
Construction Contract Dispute Summary
The case involved a three-party dispute between the electrical construction contractor, the EPC contractor (Holloway Consulting’s client), and the owner of the petro-chemical and refinery project in Commerce City, Colorado. The dispute arose when the electrical construction contractor filed suit against Holloway’s client seeking recovery of additional labor costs.
Contractor’s Entitlement and Basis of Claims
The primary issue was whether or not the electrical contractor suffered compensable craft labor productivity losses due to factors such as change orders, temperature and humidity, stacking of trades, and overtime.
Holloway’s Expert Witness Analysis and Testimony
The Holloway Consulting Group, LLC performed a schedule delay analysis, electrical labor productivity analysis and construction contract damages analysis, issued an expert report and provided construction expert witness deposition testimony in this litigation.
Holloway found that under the circumstances of this case, while factors such as change orders, temperature and humidity, stacking of trades, and overtime can cause craft labor productivity losses, such losses did not occur here to any substantial degree. We also found that, to the extent the contractor incurred compensable damages associated with such factors, the owner’s design changes were the cause.
Our client achieved a very favorable settlement prior to trial.