The Interstate-65 (I-65) Resurfacing and Expansion Project consisted of adding travel lanes and resurfacing portions of I-65 from immediately north of the US Highway 52 overpass to 0.5 miles south of County Road (CR) 100 for a total distance of approximately 4.90 miles.

The Contractor filed a claim alleging it incurred damages as a result of the Engineer’s actions and/or inactions. Spire was hired by the Project Engineer to provide opinions regarding issues related to the dispute. Spire submitted a Report of Findings at the request of our client’s attorney in relation to the dispute. This report was the first report submitted for this Project. Spire’s scope of work included claims and litigation support, standard of care, quantification of damages, and determination of reasonableness of damages. The purpose of the report was to answer the following questions:

  • Did the Contractor’s cost proposal fail to account for the design basis?
  • Did the Contractor’s cost proposal properly account for the risk basis?
  • Were the Contractor’s alleged damages reasonable?
  • Did the Contractor properly substantiate its alleged damages?
  • How much should the Contractor be compensated?

As a result of retaining Spire and Spire’s rendered opinion, the client was able to settle the claim before starting mediation efforts.