To give you an idea of the types of recent challenges we have successfully resolved, please review the following representative case studies:

 

CASE STUDY #1:

WATER POLLUTION CONTROL PLANT

Challenges:

  • The Municipality, which was subject to the Ohio EPA’s time constraints, contacted the Contractor’s Surety to complete the Project.

  • The Contractor was 9 months behind schedule and subject to liquidated damages of $750/day, for a total of $202,500.

  • The Contractor had approximately $650,000 in pending unauthorized change orders, which did not comply with the requirements of the contract documents.

  • Contract documents contained numerous material errors and omissions.

 

Successful Resolution:

  • J. Noel successfully negotiated a waiver of the whole 9 months of liquidated damages, amounting to $202,500.

  • J. Noel's intervention enabled the contractor to receive $1,000/day, for a total of $270,000, for extended General Conditions.

  • J. Noel negotiated with the owner on behalf of the contractor and received $526,487 for 58 outstanding change proposals.

 

CASE STUDY #2:

NORTHEASTERN OHIO HIGH SCHOOL - Ohio Schools Facility Commission (OSFC)

Challenges:

  • The Site Contractor was to remove 450,000 CY for two building pads by 15 July 2005.

  • Neither the boring logs nor the Contract Documents identified an artesian condition, which required an engineering resolution prior to proceeding and additional funding for its implementation.

  • The Site Contractor delivered the building pads on the 15th & 30th of September 2005, and received a change order for money only for the additional work, but without a corresponding extension of time.

  • The General Trades Contractor was delayed and incurred the burdens and the cost associated with winter protection and temporary heating in order to place masonry throughout the winter.

  • The General Trades Contractor filed a claim for $550,000 against the Site Contractor, and the School District filed a liquidated damages claim for $1,200,000 against the Site Contractor for failure to obtain substantial and final completion.

  • The Contractor was advised by outside counsel to settle for approximately $500,000.

 

Successful Resolution:

  • J. Noel successfully resolved the matter for the Contractor via mediation for only $50,000 -- a savings for the Contractor of $450,000 beyond outside counsel's recommendation.

 

CASE STUDY #3:

MAJOR METROPOLITAN HOUSING AUTHORITY (MMHA)

Challenges:

  • The Site Contractor performed extensive site and sewer work for an MMHA under a compressed timeline.

  • The Site Contractor encountered numerous unforeseen site conditions and was delayed by the project architect/engineer’s lack of a timely and formal response as required by the project’s contract documents.

  • The MMHA attempted to force the Site Contractor to maintain schedule in contravention of the project’s contract documents.

 

Successful Resolution:

  • J. Noel successfully obtained an 8-month extension of time, waivers of liquidated damages for said period at $1,000/day (totaling $240,000), and a change order to extend general conditions at $750/day.

  • J. Noel also obtained about $100,000 for proposed changes, which were previously denied.

 

CASE STUDY #4: NATIONAL SHOPPING CENTER DEVELOPER (NSCD)

Challenges:

  • The Site Contractor was to perform mass excavation and the placement of site utilities prior to incurring winter conditions. Else it would be subject to substantial liquidated damages under a compressed timeline.

  • The NSCD was unable to obtain all necessary governmental agency approvals and close on all necessary parcels in order for the Site Contractor to perform its work as bid and in accordance with general industry standards.

  • The NSCD attempted to force the Site Contractor to maintain schedule in contravention of the project’s contract documents.

 

Successful Resolution:

  • J. Noel authored numerous letters and personally developed Suretrack/P3 schedules in order to support the extension of the Substantial Completion Dates.

  • J. Noel successfully obtained all requested time extensions, which netted an additional 7 weeks, plus waivers of all liquidated damages for said period of $2,000/day, for a total of $98,000.

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