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Facilitation of the resolution of a $6 million claim on a $60 million complex public building project. The parties to the dispute were the owner, the general contractor and three trade contractors. Lorna Tardif was retained by both the owner and the general contractor to act in a neutral capacity to assist the parties in quantifying the costs associated with the impact of scope changes on the schedule and on construction labour productivity. The dispute was resolved by the parties with the support of the facilitator.
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Delay analysis, labour productivity analysis and quantification of damages relating to a $12 million dispute in a major industrial project in Eastern Canada between a mechanical erection sub-contractor and the design build contractor.
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Preparation of a $1.3 million claim on behalf of a general contractor on a $16 million waste water treatment project in Ontario. TMA personnel also provided support to the contractor during the negotiation phase. This claim was resolved to the satisfaction of both parties without resort to litigation.
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Completion of US$33 million electrical distribution contract. TMA personnel investigated the default and analysed, with legal counsel, the Surety's options under the bond. The Surety elected to complete the remaining US$17 million of work on the contract. TMA personnel negotiated a completion agreement, multi-million dollar additional compensation at the outset with the owner and equipment leasing arrangements for the duration of the job with a major U.S. bank. TMA then managed the completion of the work. This included the preparation of budgets and schedules, the development and implementation of construction and financial monitoring systems, the negotiation of incentive agreements with key project personnel, and all communications with the owner. The work was completed on time and on budget.
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Analysis of a $1.5 million claim on behalf of a private owner on a $9.5 million building rehabilitation project. TMA personnel instigated negotiations between the parties, assisted in the negotiations and facilitated the exchange of information. The claim was resolved to the satisfaction of both parties.
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Mediation in a multimillion dollar contractual dispute between an owner and a manufacturer of transportation equipment. The issues in dispute related to quality control and to the allocation of the responsibility for design and fabrication between the two parties. TMA provided mediation services to the parties who had already started an arbitration process but decided to put it on hold for the duration of the mediation. Serge Murray was selected by the parties as the formal mediator. Although the parties were sceptical of the mediation process at the outset, a mutually acceptable settlement was reached after two months of intense mediation at a cost estimated by the parties to be less than 10% of their projected arbitration cost. The parties reached settlement themselves by maintaining their own decision-making capacity throughout the mediation process rather than relying on a third party in an arbitration process to decide the outcome of the issues at hand. They also preserved their business relationship.
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Analysis of a $4.7 million claim from a general contractor on a hospital renovation and expansion project in Ontario. TMA personnel, with the consent of the hospital, entered into direct communication with the contractor. This again facilitated the exchange of relevant information and enhanced communications between the parties. The dispute was resolved to the satisfaction of both parties.
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Production of an expert report on behalf of a public owner regarding the analysis of a $3.3 million claim on a $4.8 million river dredging contract submitted by a general contractor. The findings of the expert report were accepted by both parties and the claim was resolved prior to trial.
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Preparation of an information management system on a complex unit price contract. This system greatly facilitated the monitoring of schedule and budget performance and the reconciliation of pay quantities with the owner and with subcontractors, to the benefit of our client.
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A study of the impact of new technology on construction trade labour in Canada. This study was a joint effort between government, labour and industry. The overriding conclusion of this study relates to the underutilisation of computerized information systems in the construction industry. The results of the study were published by the Government of Canada and presented in various forums across Canada.
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Negotiation of the close-out of a concrete rehabilitation construction contract with a significant claim for additional compensation on behalf of the completing Surety with a public owner. Successful resolution based on mutually acceptable settlement.
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Preparation and presentation of a construction claim on behalf of a small, specialized and underfunded contractor with a $1 million contract for a public owner in Quebec. The contractor reached an agreement with the owner for payment of a claim amount of more than half the original contract value. This agreement was reached within two months of the submission of the claim and the completion of the work. Had the agreement been delayed, the contractor would not have survived.
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Monitoring the completion of the work on two complex industrial projects in Quebec and Ontario for a mechanical contractor financed by a Surety. Preparation of a claim for additional compensation and support in the litigation process against the general contractor on a contract in Ontario. Preparation of a claim for additional compensation and support in the negotiation process on a contract with an industrial owner in Quebec. Both claims were ultimately settled through negotiations.
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Investigation of significant cost overruns on two major energy projects in the United States on behalf of a European client. Development and implementation of a comprehensive document control system for these projects. Preparation of claims against suppliers and sub-contractors. Assistance during formal mediation with the owner regarding a claim for additional compensation made by the client and a counter claim from the owner for liquidated damages.
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Analysis of $12 million in costs incurred by a Surety to complete an industrial construction contract in Ontario and production of an expert report in the context of a dispute between the Surety and the Owner. Lorna Tardif testified before Mr. Justice W.C. Estey, Q.C., during the arbitration that ensued. The findings of the expert report presented by TMA were accepted by the arbitration panel.
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Evaluation of additional costs incurred by a contractor as a result of delays to concreting operations that pushed the work into winter conditions. This analysis was carried out on behalf of the owner in defence of a multimillion dollar construction claim. Lorna Tardif testified before Mr. Justice Jules Deschênes during the arbitration that ensued.
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