The Challenge
A construction joint venture (JV) contracted with an architecture/engineering (A/E) design firm to develop detailed design documents and specifications for tunnels, underground stations, elevated stations, viaducts and other civil infrastructure associated with the construction of a major urban metro rail system in the Middle East.
The A/E firm alleged that the baseline design, as set by the owner and JV, continually changed, requiring multiple updates affecting the A/E firm's ability to meet contractual milestones.
A dispute arose between the two parties as to the root cause of the changes and whether the design provided by the A/E firm met the applicable standard of care in the metro rail industry.
The Ä¢¹½tv Approach
The A/E firm's outside counsel retained Ä¢¹½tv to assess the root causes of the design changes, the design document's level of completion relative to contractually designed milestones, and whether the design provided by the A/E firm was appropriate relative to the industry standard of care.
Ä¢¹½tv's team prepared a written report and gave evidence at the arbitration hearings.