To both the Owner\u2019s and its own detriment, the Contractor failed to properly prepare or prepare at all critical documents required by the Contract and industry practices such as project controls or earned value reports, daily field reports, Owner Architect Contractor (OAC) meeting minutes, subcontractor meeting minutes, applications for payment, monthly progress reports, project schedules, Change Orders (CO), Change Order Requests (COR), etc.  Instead, the Contractor consistently relied on the Owner to review, edit, and provide quality control on the Contractor\u2019s management and administrative Work.  Holloway’s investigation found that the Contractor\u2019s project administration and management services were severely deficient and substandard, and a primary source and cause of the delay to substantial completion.<\/p>\n\n\n\n

DELAYS TO SUBSTANTIAL COMPLETION<\/h3>\n\n\n\n

This was a job that took over two-years to complete, versus the one-year required by the Contract, because the Contractor and its subcontractors failed to complete the Contract Work (1) when it was available to be performed, (2) at the required rate of performance and (3) according to the requirements of the Contract Documents.  <\/p>\n\n\n\n

The Contractor should have known within the first few months following Notice to Proceed (NTP) that it would not achieve the Contract\u2019s January 2017 substantial completion date unless it applied much greater resources, which it failed to do.  The Owner continuously notified the Contractor throughout the job that it was holding the Contractor responsible for delaying substantial completion. The record indicates that the Contractor made no discernable effort to add the resources necessary to expedite construction and achieve the Contract\u2019s January 24, 2017, substantial completion date. <\/p>\n\n\n\n

LACK OF CONTRACTOR ENTITLEMENT<\/h3>\n\n\n\n

In contrast to industry practices on projects where the contractor is convinced it has entitlement to a claim, the Contractor did not submit a single proper claim request document per the relevant Contract provisions during the job.  Further, Holloway has not found a single subcontractor delay claim or formal request for additional time.  And, we have not found a Contractor claim against a subcontractor, which is surprising because almost all of the Contractor\u2019s key subcontractors performed poorly.  Though the Contractor included its Contract Master Schedule in its subcontractor agreements, it did not require or ensure that the subcontractors actually perform to the Master Schedule or subsequent updates.  There were no negative consequences for failing to do so.  This of course would explain the subcontractors’ lethargic, untimely performance, and the absence of delay claims.<\/p>\n","protected":false},"excerpt":{"rendered":"

The contractor was incompetent. As a result, he wrote hundreds of RFI the answers to which were in the contract documents.<\/p>\n","protected":false},"author":2,"featured_media":23676,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_lmt_disableupdate":"","_lmt_disable":"","_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false},"version":2}},"categories":[3],"tags":[96,666,667,35],"class_list":["post-24154","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-articles","tag-colorado-construction-expert-witness","tag-construction-contractor-caused-problems","tag-expert-in-construction-contractor-caused-problems","tag-holloway-consulting"],"jetpack_publicize_connections":[],"acf":[],"yoast_head":"\n