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BSL-2/BSL-3 Laboratory Construction
Design-Build Contractor
International

A US government agency contracted with a program manager to build a state-of-the-art BSL-2 and BSL-3 laboratory for research to protect US forces deployed overseas from indigenous human and animal infectious diseases. The design-build project required some remedial work, but an interpretation of the design criteria in the bidding documents resulted in a significant increase in the cast-in-place concrete. A conflict resulted between a Turkish design-builder and the program manager.

Challenge
Because the project was located in a country foreign to all three parties, logistics challenges ensued related to information exchange and aspects of the client's contract, which were aligned with US Government FAR regulations. The contract was extremely onerous between the program manager and the design-builder thereby restricting the ability to negotiate an amicable settlement.

Solution
After being retained by the design-builder, Helmes&Co immediately established a clear picture of the construction activities and events associated with each of the alleged issues or claims being pursued. A portal was established so documents and work sheets could be shared and assessed efficiently since there was an eight-hour time zone difference and a Muslim calendar being observed.

It was essential that we provide our client with a realistic assessment of their claim and estimated amount for recovery. This honesty was critical in aligning expectations and more reasonably presenting the claim. In addition, we retained US counsel with specific FAR expertise to assist in structuring a negotiation strategy. After our thorough assessment of the claim, we identified very clearly which items had merit and which did not or were questionable.

Value
In negotiation proceedings, the client was able to successfully recover a fair and reasonable amount of its damages and ultimately was very satisfied with the outcome.

Note: To ensure client confidentiality is maintained, certain project details have been sanitized.