OF NOTABLE CASES INVESTIGATED AND SETTLED
A broad range of significant Catastrophic Project Failures and crippling Financial Disputes have been seen within our practice. - Paul G. Carr
Paul G. Carr & Associates has represented the Owners as well as Contractors who have been subjected to the conduct that has resulted in significant loss of resources and catastrophic failures. These disputes have arisen out of a wide range of circumstances, under virtually every engineering discipline possible.
Clients whose facilities are undergoing catastrophic failures suffer from special and particular hardships. The loss associated with a building project that has turned out poorly is devastating to a community, as well as to the administrators who oversaw the works.
People often come to us after they realize they have been taken advantage of, and those they trusted, be it Architect/Engineer, Construction Manager or Contractor, have let them down. They are going through a difficult time and we strive to be responsive to each client's diverse needs. No two cases are the same and we view each client engagement as important. - Paul G. Carr
Below is a representative sampling of some of the results that Paul G. Carr, & Associates has assisted in obtaining on behalf of its clients in a compilation of diverse cases.
1) A School District was sued by an Electrical Contractor for lost productivity and impact damages of $861,462. The basis of the claim was presented through the use of published industry standards for labor productivity. After four days of trial, Dr. Carr’s testimony was introduced on the fifth day. Following Dr. Carr's testimony the Judge called Counsel to chambers and a settlement was reached. The lawsuit was withdrawn in total; no monies were paid to the Contractor.
2) Dr. Carr negotiated a settlement of a design error. The Architect paid for the excess impact costs of $122,000 for the correction of those errors in design and omissions from the plans. The case involved an addition, and an upgrade to the overall heating system in the K-12 School. The heating distribution system was improperly sized which resulted in a need for larger pipes, pumps and electrical service. The repairs were made and the building certified for occupancy.
3) Paul G. Carr & Associates assisted legal counsel with the settlement, on the day prior to trial, of an interference/breach/wrongful termination claim from a subcontractor against the prime contractor on a Military construction project. The terminated subcontractor was seeking $2,523,736. The counterclaim was developed, and presented in a report prepared by Dr. Carr. The final settlement to avoid trial was made in an undisclosed amount in the low five figure range.
4) The firm was called in to investigate a structural failure of a newly constructed elementary school. It was discovered that widespread design and construction errors were present. At the time the general contractor, whose original contract was $1,790,000, had submitted a claim for $716,000. In addition, the construction manager sought an additional $315,000 for extended service. After a thorough investigation, and through intense negotiations, the general contractor claim was withdrawn. Subsequently, further structural failures were discovered. A negligence/professional malpractice case was brought against the Architect, Structural Engineer and Construction Manager. After a presentation by Dr. Carr to the trial Judge, opposing counsel and insurance representatives, and subsequent intense negotiations, the defendants capitulated and offered the settlement shared among the parties in the amount of $2,580,000.
5) A School District undertook to construct a new $12.5 million elementary school building in the late 1990s. The School District retained a firm to design the new school building and to serve as the Architect and Engineer on the project. Shortly after the project was completed, significant cracking in the walls and floors of the building began to develop and worsen over time. The School District retained Paul G. Carr & Associates as their Forensic Engineer. It was discovered that the problems stemmed from a settling foundation, and it was claimed that these damages were caused, in part, by the Architect’s negligence with respect to the design of the building and changes to that design during construction. The Architect challenged the School Districts theory as to the cause and extent of the damages to the building, and denied that it was negligent in any regard. The case was settled after the presentation of the School District’s case at arbitration; which culminated with the testimony of Dr. Carr. The defendants opted to not put their defense case before the panel and negotiated a settlement of $3,250,000.
6) Another School District was faced with a Heating and Ventilating Contractor claim of over $700,000. In addition, the Construction Manager had abandoned the project in protest; claiming an additional $100,000 in fees. There were numerous construction defects in the work. Paul G. Carr & Associates was retained to evaluate the circumstances and advise the Owner. Immediately, a replacement CM was retained. Negotiation between Dr. Carr and the HVAC contractor took place, and within a week this resulted in an unconditional withdrawal of the claim. A case was filed against the Architect for design errors and omissions, and lack of proper oversight that resulted in negligent construction. Based upon the recommendation of Dr. Carr and counsel, the case was moved to mediation where a settlement of $400,000 in favor of the District was reached.