Client: Travelers Insurance

Travelers sought expert assistance from MDCSystems® analyzing circum­stances leading up to the termination of Manshul Construction by Nassau County in connection with Manshul’s work on a project at the Nassau County Community College. The County also had subsequently debarred AETNA Casualty (Manshul’s surety) from underwriting other contractors in the county and claimed com­pletion costs from AETNA and its successor surety Travelers.

MDCSystems® prepared an expert report analyzing the circumstances sur­rounding the termination of Manshul and the County’s claim of $20M against Manshul and Travelers. MDCSystems®’s report identified the impacts and issues leading to the termination, determined the true status of the project (there had been numerous supplemental bulle­tins and other scope changes), and evaluated the adequacy of the management of the project by the County’s construction manager. The analysis concluded that Manshul had been entitled to addition­al time and that this time had not been incorporated into the project schedules.

MDCSystems® reviewed the contract documents, project correspondence, electronic Primavera® schedules, issue reports, and supplemental bulletins to determine entitlements to extensions of time by the general contractor and its surety. MDCSystems®’s experts prepared an expert report, provided testimony at deposition and at trial. A favorable settlement was awarded to Travelers.