Claims Avoidance
Excell has had complete responsibility for, and participation in, the following types of efforts relative to numerous agencies of the Federal Government:
- Implementation of complex program management/contract administration procedures.
- Preparation, negotiation, and evaluation of Request for Equitable Adjustment proposals.
- Preparation, negotiation, and evaluation of Claims, FFP, CPFF, CPIF, IDIQ type contracts, and others.
- Termination for Convenience Settlement Proposal development and negotiations.
- Change order/modification development and negotiations.
- development and negotiation of entitlement/recovery positions for issues related to differing site conditions, delays, directed and constructive changes, directed and constructive acceleration, defective/deficient contract design documents, owner interference, site access denial,
- unusually severe weather, overzealous inspection, impossibility and impracticality of performance, liquidated damages,
- variations in estimated quantity issues
Excell has assisted with the development of a comprehensive Request for Equitable Adjustment (per FAR Regulations) for Renovation of Army Barracks in Fort Wainwright, Alaska.
Excell directed the actual costs of reconstruction and reclassification effort and the subsequent identification and quantification of the damages incurred. Excell also assisted with the research and development of individual entitlement issues, and the matter was successfully concluded.
Excell was solely responsible for the re-negotiation of the largest high-rise (Foley Square), which is considered a New York City landmark. This immense structure started as a design build effort until an Indian Burial Ground was encountered. This differing site condition matter caused the project to approach $400 million in cost with a substantial overrun.
Excell (in concert with other experts), successfully negotiated a 100% recovery of costs and all profits on behalf of the client, with all consulting and Excell fees reimbursed by GSA.
Excell assisted with the development of a comprehensive Request for Equitable Adjustment for Renovation of Army Barracks in Fort Wainwright, Alaska for the US Army Corps of Engineers and governed by the Federal Acquisition Regulation (FAR).
Excell directed the actual costs reconstruction and reclassification effort and subsequent identification/ quantification of the damages incurred. Also assisted with the research and development of individual entitlement issues; the matter was successfully concluded.
Value Engineering Change Proposals – Excell designed, structured, implemented and conducted a VECP program that was the first of its kind and 100% under the control and direction of Excell. The program was hugely successful and responsible for millions of dollars’ worth of unanticipated profits dropping straight to the bottom line of Excell’s client.
Termination for Convenience vs. Deductive Change Order – On behalf of a Corpus Christi construction firm, Excell challenged the United States government on a matter where a partial termination was the correct methodology to make the contract change, but the government had elected to make a unilateral deductive change. The matter was reversed and all efforts to include the formulation of the REA, its contents, cost analysis, impact and areas of recoverable costs were asserted and recovered.
Excell acted as the Owner’s Representative on a dispute with the contractor concerning over-billing on a cost-plus contract. Excell performed a comprehensive analysis of budgeted and actual costs and provided expert testimony during formal arbitration, which was conducted by AAA and resulted in cost recovery for its client located in Richmond, Virginia.
