Case Studies
The case involves a dispute between a general contractor, Suffolk Construction Co., and a drywall subcontractor, Titus Construction Group, Inc., and its surety, Berkley Insurance, over work at a mixed-use real estate development project in Miami, Florida. The general contractor and subcontractor were engaged in litigation over a number of disputed conditions, including project delay and disruption, labor resources, trade coordination, contractual notice, and payments, among others.
J.S. Held was engaged to provide expert witness services to address contractor allegations of delay and to examine the impacts the subcontractor may have experienced in the execution of its work. During the analysis, J.S. Held produced expert reports and analysis pertaining to forensic schedule delay analysis and subcontractor productivity. J.S. Held subsequently provided litigation support and expert witness services during the two-week bench trial.
The outcome was a finding of fact favorable to J.S. Held’s clients as the court determined the contractor breached the contract terms and the subcontractor incurred damages as a result. Assisted by J.S. Held’s expert testimony, the court denied the contractor’s claims of schedule delay and delay damages and found the subcontractor’s claims of additional labor hours required due in part to the contractor’s mismanagement of trade coordination.
Michael Bennink, PE, CCP, PSP, PMP
Managing Director,
Construction Advisory
+1 917 779 0116
[email protected]
Bill Perry, PE, M.ASCE
Managing Director,
Construction Advisory
+1 617 977 6212
[email protected]
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We provide construction consulting expertise on projects of all types and sizes, as well as claims and disputes of various complexities. As experts in construction dispute resolution, we leverage our understanding of the construction industry to avoid, and when necessary, identify, assess, and resolve construction claims and disputes that may arise.