Irvine Center Drive Pavement Rehabilitation Project

Project Synopsis
CPM Partners provided the construction law firm, Weil & Drage APC, with claims analysis and expert witness services in defense of the
surveying firm responsible for construction surveying for the Irvine Center Drive Rehabilitation Project.

The Irvine Center Drive Pavement Rehabilitation Project consisted of 1.5 miles of phased roadway reconstruction, including new median curb, curb and gutter replacement, traffic signal modifications, cold milling and ARHM overlay, and median landscaping from Culver Drive to Jeffery Road.
During the course of construction, a survey error was identified that resulted in the removal and replacement of approximately 10,000 linear feet of median curb. As a result of the remedial work to replace the deficient curb and other issues.

The client requested that CPM Partners review the project record, asserted delay damages, and make a determination as to liability and entitlement. CPM Partners services included review of all project documentation, evaluation of contractor monthly progress schedules,
creation of an as-built schedule, evaluation of as-planned verses as-built production, determination of delay causation and preparation of findings, participation in mediation hearings and discovery in preparation of arbitration. The Contractor’s claim to recoup liquidated damages assessed by the City from the surveying firm was not supported by the project record. The final analysis provided by CPM Partners and presented in mediation included an independent determination of delay. The claim was ultimately settled prior to arbitration.

Having the expertise to evaluate the technical and contractual elements of a claim is critical but being able to translate that technical and legal scheduling and delay jargon into simple to understand plain English with easy to understand graphics is crucial. The CPM team demonstrated both the technical and communication skills required to prevail.

Services Provided
CPM Partners provided claims analysis and expert witness services in defense of the surveying firm responsible for construction surveying for the Irvine Center Drive Rehabilitation Project.

Owner: City of Irvine
Location: Irvine, CA
Cost: $2.2 M
Dates: Jun 2009 – Jan 2010