International Arbitration

Government Entity vs. EPCM Contractor

Airport Construction

Providing Insight for ICC Rules Arbitration

In its claim against an EPCM contractor, an international airport retained Exponent for expert analysis and opinion regarding the facility's design.

The Challenge

An owner of an international airport filed a claim with the International Chamber of Commerce (ICC) against a large engineering, procurement, and construction management (EPCM) contractor seeking damages based on extra costs and delays due to alleged design and construction management errors.

The owner asserted several claims related to the civil and structural design of airport facilities, including design and specification errors for concrete and steel structures as well as concrete bridges.

The EPCM contractor responded, alleging that the owner's claimed design and construction management errors were instead changes that resulted from owner-instructed changes.

The Exponent Approach

The airport owner's outside counsel retained Exponent to investigate alleged design and construction management errors and render opinions regarding the issues in the context of the engineering industry standard of care.

In April 2022, Exponent's team gave expert evidence on behalf of the owner of the airport at the arbitration hearings held in London.