HKA assists contractor in recovering approximately 95% of damages sought in jury trial
Brief
A leading contractor in the construction industry was employed by a multinational manufacturer to perform civil construction activities on a four-unit nuclear power plant in California. The original contract was valued at US$45 million and grew to US$70 million through approved change orders by the manufacturing firm.
The contractor submitted an extra US$25 million in change orders and incurred additional costs for delay, disruption, and acceleration of the project not captured in change orders. No extension was granted to the contractor even though the contract price doubled. The contractor sought to recover both damages from the manufacturing firm for its excess construction costs and the $25 million in unpaid change orders.
What we did
HKA was retained by the contractor prior to trial to determine the parties responsible for the project delays and excess costs. Our analysis of project schedules and documents showed that the project delays were not the contractor’s responsibility. The manufacturing firm did not provide the contractor with any schedule relief, despite a revised project schedule that was impacted by numerous changes from the original design.
HKA pointed to several key issues to help prove the contractor’s case. We also found that the manufacturing firm responsible for the project design was late in providing significant design information to the contractor. Our analysis was presented at several mediation sessions but ultimately did not prevent this matter from going to trial.
During trial proceedings, HKA experts testified about their findings in a manner that was geared toward making the issues readily understandable to a jury. This testimony helped the jury determine the party at fault by clarifying the key concepts and facts involved in the construction and schedule analysis. Our succinct and focused testimony greatly contrasted with that of the manufacturing firm’s schedule expert.
Outcomes
The jury agreed with the assessment made by HKA, resulting in the contractor recovering approximately 95% of the damages sought. The contractor was awarded nearly US$32 million of the approximately US$34 million in damages sought from the manufacturing firm. Additionally, the contractor defeated all claims and counterclaims presented by the manufacturing firm for liquidated damages and delays. The manufacturing firm’s counterclaims totaling approximately US$40 million were valued at US$0 by the jury.
HKA’s detailed work and expert testimony at trial directly impacted the favorable outcome for the contractor. Our experts’ extensive knowledge and experience enabled them to concisely present schedule analysis during trial that educated the jury about the facts surrounding their conclusions. HKA ultimately proved that the manufacturing firm was responsible for the major delays to the project as well as all contractor delays and increased costs.
![](https://cdn.hka.com/wp-content/uploads/2020/04/shutterstock_1898870809.jpg)
"HKA’s detailed work and expert testimony at trial directly impacted the favorable outcome for the contractor."
-
ClientContractor
-
ValueUS$45 million
-
ServicesExpert, Engineering and Construction Quantum, Delay and Disruption Analysis
-
SectorsConstruction and Engineering, Power and Utilities
RELATED PROJECTS
RELATED PROJECTS
![](https://cdn.hka.com/wp-content/uploads/2019/08/shutterstock_1112383511-280x210.jpg)
Major Canadian Utility Commercial Damages Matter
Americas
![](https://cdn.hka.com/wp-content/uploads/2020/10/UNSW5-280x210.jpg)
UNSW Capital Projects Sustainability Framework
Oceania
![](https://cdn.hka.com/wp-content/uploads/2021/12/shutterstock_1289920885-280x210.jpeg)
Subsea Cable Installation & Trenching Operations
Asia
![](https://cdn.hka.com/wp-content/uploads/2022/11/shutterstock_191351435-280x210.jpg)
Coal-fired power plant
Asia
![](https://cdn.hka.com/wp-content/uploads/2019/06/pexels-pixabay-162646-280x210.jpeg)
Missouri Power Plant
Americas
![](https://cdn.hka.com/wp-content/uploads/2020/01/faris-mohammed-uG5_ERHN040-unsplash-280x210.jpg)
Independent Quantum Expert Opinion of Highway Maintenance Contract
Europe
![](https://cdn.hka.com/wp-content/uploads/2020/11/yucar-fotografik-cfR-V1QuEKw-unsplash-280x210.jpg)
Sydney Water, Partnering for Success (P4S)
Oceania
![](https://cdn.hka.com/wp-content/uploads/2021/12/shutterstock_1372606610-280x210.jpeg)
Subsea Interconnector Cable Failure
Europe
![](https://cdn.hka.com/wp-content/uploads/2022/11/shutterstock_576018130-280x210.jpg)
Coal-fired power plant
Americas
![](https://cdn.hka.com/wp-content/uploads/2019/07/pexels-johannes-plenio-4460676-280x210.jpeg)
Spent Nuclear Fuel Verdicts & Settlements
Americas
![](https://cdn.hka.com/wp-content/uploads/2020/01/matt-seymour-NcmOysOF_Mw-unsplash-280x210.jpg)
Independent Commercial, Cost & Risk Review of Road Development
Europe
![](https://cdn.hka.com/wp-content/uploads/2021/01/AdobeStock_261723143_Melbourne_web-e1707447623872-280x210.jpg)
Melbourne Airport Rail
Oceania
![](https://cdn.hka.com/wp-content/uploads/2022/01/FACD-280x210.jpg)
Energy and Telecom Cable Manufacturer
Americas & Asia
![](https://cdn.hka.com/wp-content/uploads/2022/11/shutterstock_2012903819-280x210.jpg)
Water desalination plant
Americas
![](https://cdn.hka.com/wp-content/uploads/2019/07/shutterstock_609628034-280x210.jpg)
Longview Power Plant
Americas
![](https://cdn.hka.com/wp-content/uploads/2020/01/shutterstock_739242352-280x210.jpeg)
Independent Quantum Expert Review of Maintenance Contract
Europe
![](https://cdn.hka.com/wp-content/uploads/2021/07/shutterstock_1315203980-3-280x210.jpg)
Liquefied Natural Gas (LNG) Project Australia
Oceania
![](https://cdn.hka.com/wp-content/uploads/2022/07/shutterstock_526595785-280x210.jpeg)
Clean Fuels Project
Middle East
![](https://cdn.hka.com/wp-content/uploads/2021/06/shutterstock_539854030-280x210.jpeg)
Offshore refinery contractor performance review
Asia
![](https://cdn.hka.com/wp-content/uploads/2019/07/pexels-pixabay-263402-280x210.jpeg)
University of North Carolina Hospitals
Americas
![](https://cdn.hka.com/wp-content/uploads/2020/01/shutterstock_64845340-1-280x210.jpg)
Major Light Rail Transit
Americas
![](https://cdn.hka.com/wp-content/uploads/2021/08/WhatsApp-Image-2021-08-08-at-10.38.13-AM-280x210.jpeg)
Residential Development
Middle East
![](https://cdn.hka.com/wp-content/uploads/2022/07/shutterstock_1700360854-280x210.jpg)
Nuclear Power Plant Decommissioning
Americas
![](https://cdn.hka.com/wp-content/uploads/2023/11/Rozelle-interchange-280x210.jpg)
WestConnex Rozelle Interchange
Oceania
![](https://cdn.hka.com/wp-content/uploads/2019/07/shutterstock_1931109776-280x210.jpg)
Power Plant
Americas
![](https://cdn.hka.com/wp-content/uploads/2020/02/shutterstock_701032348-1-280x210.jpg)
Two New Venues
Middle East
![](https://cdn.hka.com/wp-content/uploads/2021/08/shutterstock_671935024-scaled-1-280x210.jpg)
Natural Gas-Fired Power Plant
Asia
![](https://cdn.hka.com/wp-content/uploads/2022/06/Generic-Industrial-Manufacturing-33-280x210.jpg)
Global chemicals manufacturer
Americas & Europe
![](https://cdn.hka.com/wp-content/uploads/2019/06/zbynek-burival-517983-unsplash-280x210.jpg)
South American Oil Refinery
Americas
![](https://cdn.hka.com/wp-content/uploads/2020/02/pexels-thirdman-5327915-280x210.jpeg)
A Major Teaching & Research Hospital
Europe
![](https://cdn.hka.com/wp-content/uploads/2021/06/shutterstock_93575686-280x210.jpeg)
Industrial Manufacturing Facility
Europe
![](https://cdn.hka.com/wp-content/uploads/2022/09/chris-dack-6H9XK16F3wU-unsplash-280x210.jpeg)
Business Park, Surrey
Europe
![](https://cdn.hka.com/wp-content/uploads/2019/07/shutterstock_137593487-280x210.jpg)
Major Nuclear Power Plant
Americas
![](https://cdn.hka.com/wp-content/uploads/2020/10/Picture2-280x210.jpg)
New School Campus, Ultimo Primary School
Oceania
![](https://cdn.hka.com/wp-content/uploads/2021/12/shutterstock_1085652248-280x210.jpeg)
Subsea Power Cable Failure
Asia
![](https://cdn.hka.com/wp-content/uploads/2022/09/pexels-julia-volk-5201944-280x210.jpeg)
Highway Rock Cuttings
Middle East
![](https://cdn.hka.com/wp-content/uploads/2019/01/pexels-trinity-kubassek-230620-280x210.jpg)
Share our Space Program
Oceania
![Pioneering Spirit Allseas Oil and Gas Offshore](https://cdn.hka.com/wp-content/uploads/2019/01/allseas-pioneering-spirit-280x210.jpg)
Allseas & Pioneering Spirit
Europe
![Sydney Water Lower South Creek Treatment Program Australia Tap](https://cdn.hka.com/wp-content/uploads/2019/01/bathroom-black-and-white-blur-615326-280x210.jpg)
Lower South Creek Treatment Program
Oceania
![Hume Housing | Infrastructure | Expertise | HKA](https://cdn.hka.com/wp-content/uploads/2018/11/Hume-Housing-280x210.png)
Hume Community Housing
Oceania
![](https://cdn.hka.com/wp-content/uploads/2018/09/joey-kyber-Pihl8kTtX-s-unsplash-280x210.jpeg)
Infrastructure Investment Assurance Framework
Oceania
![](https://cdn.hka.com/wp-content/uploads/2018/09/bigstock-Two-electricians-securing-powe-26134499-280x210.jpg)
Electricity Network Improvement
Oceania
![](https://cdn.hka.com/wp-content/uploads/2021/06/shutterstock_535814989-280x210.jpg)
High Speed 2 (HS2) Project
Europe
![Sydney Major Transport | Infrastructure | Expertise | HKA](https://cdn.hka.com/wp-content/uploads/2018/10/Sydney-Major-Projects-e1554899277213-280x210.jpeg)
Major Transport Projects Review
Oceania
![City metro Australia Newcastle Project Advisory](https://cdn.hka.com/wp-content/uploads/2018/08/Newcastle_City-Metro-Rail-motion-blur-280x210.jpg)
Urban Transformation & Transport Programme
Oceania
![](https://cdn.hka.com/wp-content/uploads/2018/08/EssentialEnergy-280x210.jpg)
Strategic Procurement & Programme Management Improvement
Oceania
![](https://cdn.hka.com/wp-content/uploads/2017/03/AdobeStock_378243029-280x210.jpeg)
Sydney Metro
Oceania
![Ultimo Pop Up School Australia Sydney](https://cdn.hka.com/wp-content/uploads/2018/07/Ultimo-Pop-Up-School-Australia-280x210.jpg)
Temporary School at Ultimo Primary School
Oceania
![](https://cdn.hka.com/wp-content/uploads/2020/11/Construction-image-scaled-e1635262262716-280x210.jpg)
Gerald Desmond Bridge
Americas
![](https://cdn.hka.com/wp-content/uploads/2021/03/shutterstock_1140608543-280x210.jpg)
Office and Retail Landmark
Americas
![](https://cdn.hka.com/wp-content/uploads/2017/10/shutterstock_2101749-1-280x210.jpg)
Port of Long Beach
Americas
![](https://cdn.hka.com/wp-content/uploads/2017/03/shutterstock_577717501-280x210.jpeg)
Airport Pavement Management Survey
Americas
![](https://cdn.hka.com/wp-content/uploads/2017/03/pexels-marina-hinic-730778-280x210.jpeg)
Greenfield St George Airport, Utah
Americas
![Kashagan Oilfield Kazakhstan](https://cdn.hka.com/wp-content/uploads/2018/04/Kashagan-280x210.jpg)
A Giant Oilfield
Asia
![](https://cdn.hka.com/wp-content/uploads/2017/03/shutterstock_691234552-280x210.jpeg)
Hunter River Remediation
New South Wales, Australia
![](https://cdn.hka.com/wp-content/uploads/2017/03/pexels-pixabay-56832-280x210.jpeg)
Great Western Highway Widening
Victoria, Australia
![](https://cdn.hka.com/wp-content/uploads/2017/03/shutterstock_1947842533-280x210.jpeg)
Rail Rehabilitation Scheme
Bucharest to Brasov line, Romania
![](https://cdn.hka.com/wp-content/uploads/2017/03/shutterstock_324754607-280x210.jpeg)
Yanbu Power & Desalination Plant
Yanbu Industrial City, Saudi Arabia
Follow HKA on WeChat
关注我们的官方微信公众号
![HKA WeChat](https://cdn.hka.com/wp-content/themes/hka2/assets/img/hka-wechat-qr-code.jpg)