International Arbitration

Construction Joint Venture vs. EPC Contractor

Nuclear Construction Site

Providing Insight for LCIA Rules Arbitration

A dispute between a joint venture and a large EPC contractor relied on Exponent's investigation, analysis, and opinion on changes made to the construction scope.

The Challenge

A major joint venture (JV) of two large general contractors filed a claim with the London Court of International Arbitration (LCIA) against a large engineering, procurement, and construction (EPC) contractor, seeking an adjustment to their fixed-price contract based on changes made to their scope of construction work on a nuclear power plant in the Middle East.

The JV asserted over 25 claims related to a wide variety of technical matters, including design changes made after award of tender, alleged defects to below-ground concrete structures, and various standard-of-care issues related to the design and construction of both nuclear island structures and ancillary structures at the site.

The EPC contractor responded and counterclaimed alleging that the JVs claims were for work that was included under the original contract and denied an adjustment to the fixed price.

The Exponent Approach

The JV's outside counsel retained Exponent to investigate changes made to the construction scope, analyze the alleged construction defects, and render opinions regarding the issues in the context of the nuclear industry standard of care.

In November 2018, Exponent's team provided direct testimony, cross-examination, and expert evidence on behalf of the JV at the arbitration hearings held in London.