On this project, VERTEX served as the construction expert witness for a federal court case that involved a breach of contract and delay claims for a federal project at the U.S. Army base in Monterey, CA.
VERTEX worked as an expert for the plaintiff firm, which was retained by the plumbing subcontractor for the Monterrey construction site. The plaintiff was suing the general contractor and surety bond firm, claiming they had not been paid in full. The general contractor contended that the plumbing subcontractor had breached their contract, did not complete the work, and that their defective work required repairs. The general contractor filed their own delay damage claim against the plumbing contractor, seeking $2.5 million in damages.
VERTEX’s Ted Bumgardner was brought in as an expert witness to counter the general contractor’s delay claim. Specific services included assessment and analysis of schedule and construction defects as well as development of court documents and jury presentation materials. VERTEX was able to take the material, which included a lot of trade terminology, hard-to-understand graphs, and complex schedules, and translate it into something that was clear and understandable for the jury.
The general contractor’s delay expert opined that the plumbing contractor was responsible for 120 days of delay, while it was VERTEX’s opinion that other issues, unrelated to plumbing, were in fact the cause of the delay. The jury ruled in the plumbing contractor’s favor. The general contractor received zero from the jury for their delay claim.
This project was completed by Xpera Group which is now part of The Vertex Companies, Inc.