NEGOTIATION, LITIGATION, ARBITRATION & TRIAL SUPPORT

Negotiation, Litigation, Arbitration, & Trial Support

Excell supports Clients and/or their attorneys in arbitration and litigation scenarios by providing clear and readily understandable graphic presentations and expert testimony related to:

• Construction and Contract Issues
• Claims Issues
• Cost Engineering
• Schedule Engineering
• Quality Control Matters

Any deviation by the contractor during performance of its government contract can lead to disputes between the contractor and the Government. When disputes arise and cannot be resolved through administrative channels, Excell Consulting offers full litigation or arbitration efforts. In fact, our staff consists of professionals who have a proven track record of success. It is our goal to minimize potential negative impacts to the contractor.

Our experts provide the Government Contracting support contractors need in the event that a contractor encounters any potential arbitration or litigation issues such as:

• Pre-trial Investigative services
• False Claims Act Investigation
• Suspension & Debarment Proceedings
• Support during Government Audits such as DCAA
• Expert Testimony and Reports
• Document control
• Damages Calculations
• Project disruption and impact analysis
• Defective & deficient designs
• Project delay analysis
• Fraud in Federal contracts

Excell Consulting has professional consultants who successfully manage litigation and arbitration support for its clients utilizing extensive construction industry experience and knowledge, noteworthy communication skills, and exceptional Expert Reports and Testimony as needed. The professionals at Excell Consulting are not intimidated or overwhelmed by court, mediation/arbitration panels, or examination by counsel.

Excell Consulting expertly identifies the “Nexus” where Cost, Schedule, and Quality impacts are quantified and matched to causation along a documentation-based timeline.

Excell Consulting is well versed in preparation of contract claims, negotiations, arbitration and/or litigation support and works to ensure that our clients’ rights are protected. Our expertise in the arbitration and/or litigation support arena ensures that the information presented on our clients’ behalf is properly analyzed and that every stage of the process provides a clear and objective approach for resolution of each client’s individual situation.

Excell has been involved in numerous mock negotiation scenarios and red team reviews for some of the largest corporations in the United States. Excell has also been involved in matters that were both domestic and international and were in the millions of dollars range.

One of Excell’s successful ADR methods included a claim in which three different sets of attorneys assisted and later on what came to be known as the “Omnibus” claim that involved 39 separate, but linked REA’s impacting a $69M Firm Fixed Price contract that escalated with changes to $370M. The effort resulted in an award to the client that was just short of $100M.

Excell was responsible for the resubmission and re-negotiation of a $10 million cost overrun associated with a defective design problem and the attenuate costs associated with same regarding the Consolidated Space Operational Center.

This single REA resulted in the first “mini-trial” conducted by the U.S. Corps of Engineers. Excell’s client recovered all costs and profits, as well as Excell fees in the matter, and the world of mini-trials was born.