Attorney
Logan, Jolly & Smith
Contractor
Ellis-Don Construction
Architect/Engineer
HOK Architects
Construction Cost
$23,500,000
Warner
Disputes Resolution
Scheduling
Clemson University Agricultural/Biotech Facility
Clemson University completed a multi-step, phased demolition of an existing structure, and the construction of a new 110,000 square foot Laboratory Building, a 14,500 square foot Headhouse (support facility for the greenhouses), and a new 40,000 square foot high-tech 'greenhouse' space on its existing campus in 2003. The Project's phased demolition was required for the continuance of operations while the new facilities were being constructed. The Contractor was unable to maintain its schedule, perform the Work in compliance with required standards of quality, or meet the phasing requirements of the Contract. Warner was retained in the later stages of construction to assist the University in reviewing the Contractor's CPM schedule, updating procedures and reporting procedures. When the Project was finally declared Substantially Complete, and the Contractor filed a $ 3.7 million dollar claim for delay damages and additional compensation for the alleged performance of changed and additional work, Warner performed a detailed claim analysis, provided dispute management and eventually testified as an expert witness services on behalf of the University. Warner participated in the process which resulted in the Contractor's reduction of its claim from $3.7 to $2.4 million dollars and, subsequently, in a mediation process mandated by the State. When that mediation proved unsuccessful, Warner continued to assist the University and Counsel through the conclusion of the administrative hearings on the matter. The final administrative decision was very favorable to the University.