Pacific Island Roadway Project

CPMI provided expert testimony in Daewoo Engineering and Construction Co., LTD. v. The United States in the U.S. Court of Federal Claims. CPMI evaluated the contractor’s $63 million claim for delay and inefficiency on behalf of the government.

The project involved construction of 53 miles of 24-foot-wide asphalt roadway in the Republic of Palau. Issues included high rainfall in the tropical climate, soil compaction, and resulting delays and impacts. Our team prepared a CPM schedule analysis, developed an as-built schedule, and evaluated the contractor’s lost productivity claim. CPMI prepared an expert report, including a detailed analysis of inefficiency costs. Two members of our team testified at trial. The court found the contractor un-entitled to its $63 claim and held the contractor liable for $51 million for a false claim. The decision was upheld on appeal by the U.S. Court of Appeals for the Federal Circuit.

As the selected experts analyzing cost and fraud issues on this project, we worked closely with CPMI during discovery, pretrial preparation, and the 13-week trial. Working with CPMI was a terrific experience. We have rarely seen as much synergy on a team of professionals. They worked diligently during the demanding case and demonstrated grace under pressure throughout the fast-paced, evolving trial.

David L. Cotton and Sam Hadley

Chairman and Partner, Cotton & Company LLP