RECENT PROJECTS

Excell has long been an industry leader in Contract Disputes, with innovative methods for analyzing, organizing and presenting REAs. Excell continues to successfully recover money that is due to our clients. Some recent highlights of our REA victories include:

$4.5 million dollar REA, Firm Fixed-Price Contract, Naval Facilities Engineering Command

• This REA included two wrongful Notices of Default being issued, Defective and Deficient Contract Documents, Maladministration of the Contract, Violation of the Contract Terms and Conditions, Lack of Partnering, and Out of Scope Work.
• Excell was enlisted to assist a sizeable subcontractor on a Firm Fixed-Price Government Contract to furnish and install all the hardware and software, perform the testing and balancing, and conduct training as specified. The subcontractor contacted Excell for help seven years AFTER the original contract completion date, i.e., seven years after the project should have been finished, the owner was still making cosmetic, and whimsical changes to a software program, which by this time had become a completely custom-created in the field software system. The owner would imagine a report or a system command that they wanted, liked, or would be handy, and the subcontractor was forced to custom code the software to meet the day’s lists of wants/demands. In fact, the project had steered so far off course that many of the people involved in the signing of the Basic Ordering Agreement from which this was issued under had retired or couldn’t even remember what the original contract was for. The Subcontractor had simply become a personal software-programing fixture, free of charge to the Government. This very extensive and detailed REA was prepared as a twofold approach. Excell custom designed extensive graphics that visually displayed the numerous violations and combined these with an interactive digital presentation; this digital presentation was a companion to the standard printed proposal submitted. The eleven-year contract anticipated to be three years or less, was successfully resolved within 120 days of Excell’s presentation and participation after filing the REA

$2.3 million REA, Firm Fixed-Price Contract, California University (satisfactorily settled)

• This REA included Defective and Deficient Contract Documents, Differing Site Conditions, Out of Scope Work, Unreasonable Specifications, Cardinal Change, Maladministration, Delay, Disruption, and Ripple Effect.
• A subcontractor was hired to assist in the building of a hospital in California. From the onset of construction it became apparent that there were serious issues with the issued RFP. In fact, by the time Excell was contacted to assist, over 8,000 RFIs had been issued including 5 years of delay, and millions of dollars in change orders had been submitted. What was currently being demanded from the owner no longer even resembled the project our client bid. Excell worked closely with all parties and other consultants to design a cohesive REA that represented all parties and could successfully be presented to the owner. The REA was amended due to further delays from the owner, and was ultimately resolved with all Contractors receiving fair and just compensation for the project.

$5.1 million REA, Firm Fixed-Price Contract, USACE

• Delay, Disruption, Ripple Effect, Critical Path Delay, Defective Specifications, Defective Contract Documents, Maladministration, lack of Partnering.
• Our client was selected by the Corps of Engineers to build aircraft hangers, runways, and an additional fire station on an existing Air Force Base. Ultimately the job was two years behind schedule and had an overrun of over $5 million. Excell was able to retrieve all relevant project data and create a global REA, with full supporting data, for our client to submit to USACE. After negotiations with the Contracting Officer, our Client was awarded 97% of the requested amount, without an audit.

$3.5 million REA, Firm Fixed-Price Contract, USACE

• REA included prescriptive vs. performance specifications, delay, disruption, ripple effect, critical path delay, and maladministration.
• Government directed our client to work, and client refused. Excell put together a position paper in support of the issues required to be addressed at the District level; Modification issued for $3.5 million. Client and USACE agreed to the position taken.

$1 million + REA, Firm Fixed-Price Contract, Department of Labor (satisfactorily settled)

• Several REAs were put together based upon Task Orders under a Master Contract, three of the four were settled and one is going forward to ASBCA. The settled matters satisfied the client’s requirements. One matter included CPARS evaluation issues and it was reversed without the need of ASBCA intervention.
• Another matter required a reversal of a finalized and delivered USAF Final Decision; Excell intervention caused the Final Decision to be withdrawn, and a REA is being negotiated at this time.

$1 million REA, Firm Fixed-Price Contract, USACE

• Prime contractor responsible for Maladministration of the contract, Subcontractor engaged Excell to assist in resolving year-old litigation. Excell discovered important documents that led to an immediate settlement satisfying the Subcontractor’s efforts and eliminating further arbitration expenses. Note: resolution occurred within six weeks of Excell’s engagement.

>$10 million dollar lawsuit, State of Utah against Department of Agriculture

• A quasi-governmental organization was harmed by the unilateral actions of the Office of the Secretary of Agriculture. Excell was engaged from day one, and it positioned the law firm and the State of Utah for the necessitated actions. Negotiations were conducted, a legal proceeding was imminent, and matter was settled on the courthouse steps. Millions involved, exact amount not releasable. Client satisfied with outcome.

$1.2 million Consolidated Pass-Through REA, Firm Fixed-Price Contract, USACE

• Subcontractor engaged Excell to assist in resolving unpaid costs by prime contractor. Excell implemented a historically successful strategy – consolidating 18 unresolved REA’s into one global REA, identifying additional recoverable costs not being claimed by subcontractor, and spelling out the “cause-and-effect” (nexus) relationship between Government directed changes (and constructive changes) and additional costs incurred by the subcontractor. This effort involved setting up a pass-through claim of the Subcontractor, through the Prime Contractor, to the Government. Due to an uncooperative Prime contractor, the Subcontractor brought a Miller Act claim against the bonding company, using Excell’s global REA as foundational support for the claim. Claim pending in Federal District Court.