The $33 million U.S. Highway 380 project consisted of the construction of an eight mile section of the highway in Wise County for the Texas Department of Transportation (TxDOT). The adjusted completion date for the project was May 18, 2007, which accounted for an additional 137 days for change order delays and numerous days approved by TxDOT as no time charged days. However, as of March 31, 2009, the project was 402 work days late. On August 17, 2007, a car accident occurred on the project in which a woman was severely injured. On January 22, 2008, a claim was filed against multiple parties, including the contractor, on behalf of the injured party.
Spire was retained by the attorney representing the injured party to provide an assessment regarding the contractor’s surety and corporate management actions and / or inactions; the contractor’s overall qualifications and ability to safely perform the work in full compliance with the project requirements; the contractor’s project staffing and information management abilities; and the contractor’s internal project control abilities.
As a result of Spire’s analysis, it was determined that the contractor’s surety was responsible for the accident for the following reasons: the contractor’s surety masked and concealed pertinent information regarding the contractor that should have been disclosed, thereby limiting the state’s ability to fully protect the public’s interest and well-being; project staff was unqualified for a time leading up to and during the accident of August 17, 2007; the contractor did not adequately consider the contractual scheduling requirements and consistently failed to plan the work in accordance with the specifications; and the poor corporate and jobsite culture that resulted in a lack of project planning, scheduling, safety, and quality control significantly contributed to the conditions that existed at the intersection of U.S. Highway 380 and County Road 1110 on August 17, 2007.