International Arbitration

EPC Subcontractor vs. EPC Prime Contractor

Solar Power Farm

Providing Insight for LCC Rules Arbitration

When an EPC subcontractor filed a claim against an EPC prime contractor, Exponent investigated and rendered opinion on the alleged design and construction errors.

The Challenge

An engineering, procurement and construction (EPC) subcontractor for structures at a solar power plant filed a claim with the International Chamber of Commerce (ICC) against the plant's prime contractor seeking damages for allegedly unpaid design and construction costs.

The EPC subcontractor asserted several claims related to structural design and construction, including extra design resulting from errors in the prime contractor's scope of work. The prime contractor responded and counterclaimed alleging that the subcontractor's work contained design errors that resulted in delays and extra costs to the project.

The Exponent Approach

EPC subcontractor's outside counsel retained Exponent to investigate alleged design and construction errors and render opinions on the issues in the context of the engineering industry standard of care.

In November 2019, Exponent's team gave expert evidence on behalf of the EPC subcontractor at the arbitration hearings held in Paris.