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Interstate Highway Expansion/Improvements
Liability Insurer for Project Designer

A US state's department of transportation (DOT) added one northbound lane and one southbound lane to a major interstate roadway in a major urban area. The DOT also added ancillary roadways and integrated the new roadway network to a high occupancy toll lane.

The project work included widening the exit ramps and designing and constructing new structures, walls, landscaping, lighting, electrical work, and pavement, including the construction of a single bridge to replace three structures.

The DOT awarded the contract to the winning design-builder based on selection criteria that included the proposal price. The winning design-builder submitted a proposal price of $91 million.

After the completion of the project, the design-builder formulated a $15 million claim against its design professional. The claim alleged damages for project delay and errors and omissions as a result of the design professional's failure to meet the standard of care.

Helmes&Co was retained by the design professional's liability insurer to analyze the merits of the claim. Allegations included improper design quantity take-offs for estimating purposes.

The scope of our services included performing an analysis of the root cause of the issues and reviewing the damages allegedly incurred by the design-builder. Our consultants developed a detailed schedule analysis and determined that the actual critical path schedule delays experienced were the result of drilled shaft remedial work.

During mediation proceedings, the matter settled favorably for our client.

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