Successful Construction Arbitration for Regional Sewer Authority
Pierce Atwood delivered a successful outcome to the regional sewer authority Narragansett Bay Commission (NBC) at an American Arbitration Association (AAA) construction arbitration relating to a claim that a differing site condition impacted the installation of a concrete drop shaft. The 30-foot diameter drop shaft was 220 feet deep and connected to the NBC’s one-mile long retention tunnel designed to capture sewerage that historically flowed into Narragansett Bay during rain storms. During the contractor’s grouting operations at an adjacent structure, the contractor’s drop shaft experienced a large amount of water intrusion (up to 250 gallons per minute). The contractor spent $1.1 million to pump out the water and seal the concrete walls of its drop shaft. Pierce Atwood attorneys John Bulman and Katie Kohm handled the defense and the hearings before the panel of three AAA arbitrators. The arbitrators gave credence to Pierce Atwood’s main arguments, found that the contractor failed to carry its burden of proof, and dismissed the contractor’s claim in its entirety.