Changes, Design Deficiencies & Owner Maladministration      Changes are the classic source of construction disputes. The name partners of Conway & Mrowiec have represented clients who faced changes and design deficiencies of an extreme nature. In addition to causing delays and reduced labor productivity, the changes in these cases presented special complex issues regarding contract interpretation, Owner's implied warranty of design, the scope of Owner's right to make changes, Owner's maladministration of the changes process, prompt and complete correction of design errors and omissions, "cardinal change," P&ID revisions, shop drawing revisions, post-Substantial Completion changes, "value engineering", material breaches, the cumulative impact of changes, the indirect cost of changes, cost accounting, contractual clauses of Owner's decisions as "final and binding," Contractor's duty to review plans, "intent is to provide all items necessary," requirement of written change orders, change order mark-up as ceiling on overhead recovery, order of precedence, notice provisions and effect of the change order documentation itself. These cases include:   Project: Office, Shop & Storage Facilities, Stickney, Illinois   Description: Litigated for general contractor's $8 million claims of delay, acceleration, disruption and change order processing/overhead costs in federal court and defended public owner's liquidated damages and alleged incomplete work counterclaims of $3 million on originally $53 million project plagued by 700+ change orders   Year: 1997-99   Legal Issues: Contractual defenses of "no damages for delay" Notice Owner's decisions as "final and binding" Change order percentage mark-up as ceiling on overhead   Technical Issues: Cumulative Impact of Change Orders Indirect Costs of Changes Concurrent Delay Mechanical System Design Construction Sequencing Resource Leveling Cost Accounting   Outcome: After discovery complete, defeated owner's motion for summary judgment. "No damages for delay," notice and "final and binding" held not applicable. Settled week before trial for recovery to general contractor and subcontractors of $6.25 million, 596 day time extension and release of owner's counterclaims. When combined with 1995 settlement, general contractor's total recovery was $13 million, 1,196 days time extension and no recovery to owner   Attorney: John S. Mrowiec     Project: Metropolitan Water Reclamation District of Greater Chicago, Office Shop & Storage Facilities   Description: Federal court litigation of claim of general contractor seeking to terminate because of project delays on $53 million project   Year: 1994-95   Legal Issues: Delay "No Damages for Delay" Notice Owner's Decision as "Final and Binding" Cardinal Change Differing Site Conditions   Technical Issues: Fire Protection Design Foundation Design Curtainwall Design Scheduling   Outcome: After discovery, defeated owner's motion for summary judgment resulting in settlement of $6.75 million and 600 day time extension. "No damages for delay" clause held inapplicable; owner had duty to process changes and time extension requests in good faith. When combined with later 1999 settlement, general contractor's total recovery was $13 million and 1,196 days time extension   Attorney: John S. Mrowiec     Project: Bradley Center Arena, Milwaukee, Wisconsin   Description: Trial of mechanical contractor's acceleration, reduced labor productivity and consequential damages (lost profits on collateral contracts) claims against owner and construction manager on National Basketball Association arena   Year: 1992   Legal Issues: Acceleration Reduced Labor Productivity notice Foreseeability of Consequential Damages   Technical Issues: Scheduling Weather Impact on Productivity Trade-Stacking Impact on Productivity Measurement of Damages to Other Contracts   Outcome: Obtained multi-million dollar jury verdict for trade contractor after six-week trial with consequential damages exceeding direct damages; verdict upheld on appeal   Attorney: John S. Mrowiec     Project: Museum of Science & Industry, Chicago   Description: Prepared and litigated general contractor's claims of delay, acceleration, reduced labor productivity and disputed change orders and defended against owner's liquidated damages counterclaim   Year: 1997-98   Legal Issues: Acceleration Notice Contractor's Duty to Review Plans Familiarity with Local Conditions Intent is to Provide All Items Necessary Means and Methods Completion Date as Reasonable Requirement of Written Change Orders   Technical Issues:   Outcome: After denial of owner's motion to dismiss on contractual defenses, settled favorably to general contractor   Attorney: John S. Mrowiec     Project: Liquid Hydrogen Plant, McIntosh, Alabama   Description: Preparation and prosecution of process piping design/builder's $1.5 million extended duration, reduced labor productivity and unpaid change order claim against owner and subcontractor designer (separate time periods)   Year: 1995   Legal Issues: Delay Causation   Technical Issues: Scheduling Field Welding P&ID Revisions   Outcome: Negotiated favorable settlement agreements for payments of damages to design/builder from both owner and subcontractor designer without litigation   Attorney: John S. Mrowiec     Project: Pulp and paper mill, Courtland, Alabama   Description: Prepared and prosecuted $1.6 million extended duration, acceleration and reduced labor productivity claim in federal court litigation   Year: 1994   Legal Issues: Delay Notice   Technical Issues: Scheduling Labor Productivity Measurement   Outcome: Settled favorably for $1.25 million before commencement of discovery   Attorney: John S. Mrowiec     Project: Butyllithium Plant, New Johnsonville, Tennessee   Description: Prosecution of reduced labor productivity claim on behalf of process piping contractor on $3 million expansion   Year: 1994   Legal Issues: Reduced Labor Productivity Notice   Technical Issues: Piping Design Scheduling Productivity Measurement   Outcome: Settled favorably to piping contractor without litigation   Attorney: John S. Mrowiec     Project: Meadow Mews Townhomes, Tinley Park, Illinois   Description: Prosecuted remedial contractor's claim for payment on project requiring underpinning of townhomes. In addition to the scope of work issues, the mechanics lien foreclosure lawsuit involved all 34 townhome owners and their lenders   Year: 1995   Legal Issues: Delay Payment Claims Defective Work   Technical Issues: Scope of Work   Outcome: Recovery to contractor   Attorney: Timothy R. Conway     Project: Motel, South Carolina   Description: Defended environmental engineer against errors and omissions claim by lender who accused engineer of failing properly to perform Phase I environmental assessment   Year: 1995-96   Legal Issues: Delay Payment Claims Defective Work   Technical Issues:   Outcome: Settled favorably   Attorney: Timothy R. Conway