• Expert testimony on behalf of the Department of Veterans Affairs in defense of a contractor delay claim on a $10 million medical center project at Tuskegee, Alabama, incorporating schedule/delay analyses and damage calculations. Favorable judgment resulted in the decision that the contractor owed the Government money.
  
• Provided expert witness testimony for the general contractor in a construction claim involving a termination of a subcontractor for non-performance of the sitework portion of a new academic building at a Mid-Atlantic university. Prepared a detailed critique of the damages asserted by the subcontractor and a counterclaim detailing the extra costs incurred by the general contractor. Final decision resulted in subcontractor damages being refuted and majority of counterclaims being awarded.

• Expert testimony before the Armed Forces Board of Contract Appeals on behalf of a contractor who was terminated for untimely performance on two multi-million dollar Navy procurement contracts. Schedule analysis testimony quantified the contract delays and attributed their cause to owner design errors. Successful verdict converted a termination for default to a termination for convenience and awarded the contractor $25 million of damages.
  
• Engagement by the Department of Justice to provide expert testimony on scheduling, construction and damages issues to defend the U.S. Coast Guard against a $6.5 million contractor claim alleging changed site conditions, design errors, and owner interference on a major housing project in Kodiak, Alaska. Quantifying numerous errors of the prime contractor and its subcontractors, Adkins' testimony refuted the applicability of a total cost approach. Adkins' discrete delay and damage analyses demonstrated that the overruns were not caused by the government and therefore the contractor's entitlement and quantum were severely limited.
  
• Cost estimating and financial testimony on behalf of a New York City electrical contractor before a three-member arbitration panel; successful defense in that the plaintiff was awarded only 15% of the $5 million claimed.

• Delay and damage analyses for a professional liability carrier defending a design firm from a $7.5 million contractor claim involving two major tunnel contracts in Rochester, New York. Engagement encompassed claims analyses, technical input and litigation support that culminated with the incorporation of Adkins' findings in a summary judgment motion, which was successful in dismissing the suit against the designer.

• Technical advice and litigation support assisting Armco, Inc. in the defense of an $8 million warranty claim alleging faulty construction on a $25 million water tunnel project. After Griffith’s testimony, one week into the trial, the judge issued a directed verdict dismissing the claim in its entirety.

• Expert arbitration testimony assisting a wrongly defaulted, specialty foundation subcontractor in receiving a favorable, $1 million judgment against a major environmental general contractor on a $54 million EPA Superfund Cleanup in New Jersey. Our affidavit and exhibits demonstrated the "cardinal change" impact nature of a changed site condition.

• Schedule and delay impact analyses on behalf of the Marriott Corporation, owner/plaintiff, which terminated the general contractor for untimely performance on a $40 million Lifecare Retirement Complex. Contractor's countersuit alleged utility design errors and delays caused by owner changes and owner-furnished equipment. Adkins' testimony clearly demonstrated that the project was delayed due to contractor mismanagement and tardy execution by trade subcontractors. Marriott was awarded a net settlement of $3 million for liquidated damages and excess completion costs.
  
• Accounting and financial testimony before a New York jury to substantiate an investor's claim against a partner in a mechanical construction company. Successful verdict obtained with award of $3.5 million and denial of a $30 million counterclaim.

SUCCESSFUL DEPOSITIONS/NEGOTIATED SETTLEMENTS

 

• Schedule and accounting analyses and deposition testimony contesting extended overhead costs claimed by Fluor Daniel for alleged delays in construction of a large state prison for the Commonwealth of Virginia, Department of Corrections. Expert findings: a) eliminated duplicate, unsubstantiated and non-impacted costs; b) minimized entitlement to compensable delays; and c) precipitated a favorable settlement, massively reduced from the contractor's original claim of approximately $50 million.
  
• Engaged as schedule and damage experts, assisted the Department of Justice in the defense of an electrical contractor claim on a project at the U.S. Soldiers' and Airmen's Home in Washington, DC. Only two weeks into the assignment, Adkins successfully directed negotiations which resolved a three year old dispute for only 20% of the claim amount, thereby avoiding the expense of a lengthy trial.
  
• Expert analyses and trial exhibits addressing contractor bid and execution mistakes, cost overruns, undermanning and project delays in support of the Greater Cleveland Rapid Transit Authority's successful rebuttal of a "total cost" claim on a railroad rehabilitation project. Expert findings covered productivity, schedule, and cost analyses, as well as the calculation of the owner's actual counterclaim damages. Contractor's $3.8 million claim was settled for $400,000 shortly after depositions of Adkins’ experts.

• Claim preparation, advice and assistance to quantify delay impact costs on behalf of a mechanical construction contractor in Reno, Nevada which resulted in a favorable $580,000 recovery.

• Prepared a schedule analysis and critique of damages in an extremely short time frame for a large Virginia highway contractor. Adkins’ findings resulted in the subcontractors reducing their claims substantially, resulting in a favorable settlement for our client.
  
• Technical and claim analyses on behalf of a heavy/highway construction contractor and its bonding company to substantiate a claim that an $18 million New York State highway and bridge rehabilitation project contained numerous, unresolved design errors and therefore the contractor was improperly terminated. The bonding company was justified in refusing to complete the defaulted contract and a $5 million favorable settlement was negotiated to the benefit of the contractor and surety just before the trial was to commence.
  

 

 

PENDING LITIGATION

• Delay/disruption/acceleration claim prepared by Adkins & Company and expert testimony presented to the Armed Forces Board of Contract Appeals. The findings demonstrated that Adkins’ client, a national telephone company, was entitled to a time extension covering the entire late performance period because it was impacted during its installation of a $30 million, state-of-the-art telecommunication system at China Lake Naval Airwarfare Weapons Station. Navy design/system changes, disruptions, changed site conditions and extra work were shown to delay the contractor causing acceleration to the installation work. A successful verdict is anticipated.