CoNtract analytix, llc

We often assist clients / counsel in developing requests for equitable adjustment (REAs) and affirmative claims, as well as in assisting in the defense of claims due to substantive cost and schedule growth resulting from ongoing design evolution and high number of engineering design / contract changes experienced concurrently with the maturation of such developmental designs and technologies during production / construction.  

Our experience analyzing and quantifying: delay and disruption, changed work (directed, constructive and cumulative impact), business interruptions, lost productivity, terminations, untimely and / or defective buyer-furnished equipment or information, customer-caused interference, misinterpretation of specifications, and other cost and schedule growth issues is extensive.

We have in-depth experience performing contract performance audits comparing contractually-required / as-planned metrics to those metrics as actually performed, contract compliance reviews and incurred-cost audits in determining whether costs incurred under a contract were “allowable” (i.e., per the Federal Acquisition Regulations, are documented, allocable, reasonable, properly charged and consistent with the contract’s and / or insurance Policy’s terms and conditions).

We have used numerous scheduling programs and methodologies, cost / schedule control systems criteria (C / SCSC) and earned value management systems (EVMS), cost accounting systems and cost estimating relationship (CER) models to analyze cost and schedule performance data.  We have also worked for public agencies in performing incurred-cost and estimate-to-complete reviews, as well as in recovering contracted and internal costs as a result of investigations into evidence of pre-procurement authorization, adherence to proper procurement standards, contract management / oversight, and invoice review / payment controls.

Much of our work has pertained to directed and / or constructive changes to a Contract's Statement of Work (SOW) and / or Specification (SPEC) and the resultant cost and schedule growth typically experienced with developmental designs and state-of-the-art technologies as they evolve and mature concurrently with production / construction.  

We have worked for subcontractors, prime contractors, the government (“owner”) as well as for both policyholders and insurers / reinsurers on a variety of fixed-price and cost-plus contract arrangements related to engineering, procurement, construction and construction management (EPCM), full-scale engineering and development (FSED), production, refurbishment, modernization, and leader-follower programs.

Our government contract, insurance claims and construction experience spans numerous and diverse projects, including: military and commercial aircraft, aircraft and helicopter simulators, armored vehicles, military aircraft hush house facilities, US Coast Guard and Navy ships, Canadian Navy ships, Japanese Maritime Self-Defense Force ships, computer hard drive to cloud migration, commercial tanker ships, anti-ship and ballistic missile defense systems, air-to-air and ground-to-air missiles, intercontinental ballistic missiles, inertial navigational units, communications equipment, computer chips, C4ISR systems, space launch vehicles and solid rocket propellant mix facilities, copper and molybdenum mines, the deactivation, decommissioning, decontamination and demolition (D4) of nuclear weapons production facilities, remediation of environmental Superfund sites, hardware and software integration, hotels, hydroelectric dams, internet data centers, K-12 schools, universities, U.S. embassies, $100M+ commercial real estate developments, nuclear power plants and nuclear power plant control room simulators, radiological laboratories, and wastewater treatment plants.

A Selected List of our Aerospace & Defense, Business Interruption Insurance and Construction Contract Claim and Advisory Services Program / Project Experience Follows (See Slideshow Above):

Aircraft, Helicopters and Simulators

• A-4 Skyhawk

• A-10 Thunderbolt II

• A-12 Avenger II

• AH-64 Apache

• Airbus A350 XWB (Commercial): Multiple Stringers and Frames

• Aircraft Hush House Facility: F-16 Fighting Falcon

• Bell 407 and 412 Helicopters (Commercial)

• Boeing 787 Dreamliner (Commercial): Multiple Systems & Airframe Structures (two different clients / prime contractors)

• Boeing 737 MAX (Commercial): LEAP-1B Engine Development / Production 

• C-5 Galaxy: Modification / Upgrade - Engines and Structural

• C-17 Globemaster III: Multiple Airframe Structures (two different clients / subcontractors)

• C-130B Hercules: Modification for Bangladesh Air Force

• C-141 Starlifter: Flight Simulator

• CH-47 Chinook

• F-15 Eagle

• F-18 Hornet

• KC-135 Stratotanker

• MH53-J Pave Low III: Helicopter Flight Simulator 

• MRJ90 SpaceJet Business Jet (Commercial): Propulsion System

• RJX Avro Business Jet (Commercial): AS977 Jet Engines

• Robinson R22, R44 and R66 Helicopters (Commercial)

• UH-60 Black Hawk and Seahawk (L, S and M Models): Multiple Airframe Structures

Armored Vehicles

• Bradley Armored Personnel Carrier

• M88 Armored Recovery Vehicle (ARV)

Chemical Processing

• Oil-Additive Production Facility

Commercial Real Estate (CRE) Developments

• Independent Federal Agency: Incurred Cost and Estimate-to-Complete (ETC) Reviews of Banks' CRE Portfolios for Numerous $100M+ Real Estate Developments (Mid to High Rise- Construction)

Communications Equipment

• TD-660 Multiplexor

Electronic Countermeasures

• Phalanx Close-In Weapons System (CIWS)

Embassies

• U.S. Embassy - Manila, Philippines

Hotels

• 500-Room Hotel (Disneyland)

Hydroelectric Dams

• Muskrat Falls, 834 MW (Labrador-Newfoundland, Canada)

Internet Data Centers

• U.S., England, France, Germany and Netherlands - Numerous Data Centers 

K-12 School Construction

• Inspector General’s Office - Construction Cost Audit Program: LAUSD’s $20B+ School Bond Measure – Numerous Schools

Light Rail Transit

• Eglinton Crosstown West Extension (Toronto, Canada)

• Finch West (Toronto, Canada)

Mines

Copper-Molybdenum (Lima, Peru)

Missiles, Space Launch Vehicles and Solid Rocket Propellant Mix Facilities

• Advanced Medium Range Air-to-Air Missile (AMRAAM)

• AEGIS Missile Booster (MK-72)

• Atlas Centaur: Inertial Navigational Unit (INU) Program

• Ground-Based Mid-Course Defense (GMD)

• Hellfire Missile (AGM-114)

• Minuteman III Intercontinental Ballistic Missile (ICBM): Propulsion Replacement Program (PRP)

• Space Shuttle: Booster Separation Motor (BSM) Program

• Sparrow Missile (AIM-7)

• TOW Missile (M220)

• Theater High-Altitude Area Defense (THAAD)

• Titan IV: Inertial Navigational Unit (INU) Program

• Titan IV: Solid Rocket Motor Upgrade (SRMU) Program

Nuclear Weapons Plutonium Processing, Radiological Laboratory and Nuclear Power Plant

• Hanford Nuclear Site: Deactivate-Decommission-Decontaminate-Demolish (D4)

• Los Alamos National Labs Nuclear Laboratory 

• Taiwan Power Company – Lungmen Project - 2,600 MWe - Two Advanced Boiling Water Reactors (ABWRs)

Ships and Submarines 

• Aircraft Carriers – FORD class – CVNs (“First of Class”) – New Construction

• Amphibious Assault - WASP class – LHD8 – New Construction

• Amphibious Assault – AMERICA class – LHA8 – New Construction

• Artic Offshore Patrol Ships – HARRY DEWOLF class – AOPs (“First of Class”) – Canadian Navy - New Construction

• Cable Ferry (Commercial) – New Construction

• Amphibious Transport Docks – SAN ANTONIO class – LPDs (“First of Class”) – New Construction

• Cruisers – TICONDEROGA class – CGs - Repair / Modernization

• Dock Landing Ship – WHIDBEY ISLAND class – LSD - Repair / Modernization

• Double-Hulled Oil Tanker (Commercial) – New Construction

• Guided Missile Destroyers – ARLEIGH BURKE and ZUMWALT class – DDGs and DDX ("First of Class") – New Construction and Repair / Modernization

• Helicopter Destroyer – HYUGA class – 16DDH - Japanese Maritime Self-Defense Force – New Construction

• National Security Cutters – LEGEND class - NSCs (“First of Class”) – New Construction

• Nuclear Submarines – VIRGINIA class – SSNs – New Construction

• Ship-to-Shore Connector (SSC) Landing Craft – New Construction

Superfund Environmental Waste Sites

• Stringfellow

• McColl

Wastewater Treatment and Sludge Processing Facilities

• City of San Diego

Publications and Speaking Engagements

• Co-Author, “The Owner Wants to Audit Us…What Next?” ABA Forum on Construction, 2016 Mid-Winter Meeting, January 2016

• Webinar Co-Presenter, “REAs and Pricing to Avoid False Claim Allegations,” September 4, 2020