Large Mixed Use – Construction Management

St. Paul, MN

The Project

This large mixed-use project included an underground parking garage for 800 cars, a retail-commercial area of approximately 450,000 SF, a 46-story condominium tower, a 30-story apartment tower, and a YMCA at a cost of approximately $120 million. MKA was retained by a law firm representing the Receiver, a Bank, to evaluate the entire project. MKA performed a number of services, including discovery of over 200,000 documents, and the analyses of multiple Contractor claims on entitlement/quantum/delay.  MKA also conducted a careful analysis of the Construction Manager’s performance against the Contract and the Construction Manager Association of America’s standards of practice. This evaluation of performance included analysis of their estimates, scheduling, cost control, and quality control procedures.

The Challenge

Construction Management was performed by a separate Construction Manager who coordinated all areas and contracts. The project involved approximately 80 Contractors, many of whom filed claims alleging damages due to changes, delays and mis-coordination.

The project was plagued by poor quality control and defective construction.

The Solution

A major task in the analysis of this project was the schedule delay analysis. MKA re-created a series of schedule revisions and updates. An As-Built Schedule was created and MKA performed a project delay review as well as an analysis of the entire project. This analysis was based upon a number of detailed “But-For” analyses for specific issues that evaluated and apportioned delays caused by multiple parties.

The Result

MKA’s analyses identified problems and quantified damages by responsible party. MKA provided expert testimony in arbitration proceedings between the Owner and the Construction Manager. The Owner recovered from the Construction Manager, Architect and Engineer in confidential out-of-court settlements.