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Deposition Designation Station
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The Project was a retrofit of a historic theatre that was converted to a Restaurant / Bar / Lounge. The Plaintiffs are the managers and operators of a nightclub in Hollywood, the Defendant are the General Contractors engaged by Plaintiffs to perform renovations. The contract and its attachments were created by Defendants.

Shortly after the contract had been entered and construction got underway, problems in the performance of the contract terms began to arise. Delays to the construction completion date occurred. Cost overruns were incurred. Tensions between Plaintiffs and Defendants eventually resulted in Defendants abandoning construction before substantial completion was achieved.

Plaintiffs continued the renovation as an Owner-Builder and the nightclub was completed 6 months after the stated contract date for completion Plaintiffs incurred additional costs associated with the construction renovation nearly double the original contract price.

Defendants asserted that the General Contractor was never able to give a certain and definite price and construction schedule because the plans were a "moving target". Defendants contended that Owners failure to timely pay invoices also caused delays. Defendant claimed that Inspections and Approvals delayed the Project as well.

As to Plaintiffs contention that costs increased for Project Completion, the Defendant argued that Plaintiff ran the Completion Project terribly; and, the added costs were due to the fault of Plaintiffs poor Project Management (Plaintiff acted as the Owner/Builder of the Completion Project).

Defendant Contractor performed the following scopes of work:

  • Electrical
  • Framing
  • Site Work
  • Elevator
  • Roofing
  • Plumbing
  • Millwork
  • Insulation
  • Glass Work
  • Epoxy Floors
  • Mechanical
  • Concrete
  • Hardware
  • Nano Doors
  • Facade Work
  • Fire Sprinklers
  • Skylights
  • Handicap Lifts
  • T-Bar Ceiling
  • Grease Interceptor
  • ... and Commercial Kitchen & Restaurant Construction

    WEXCO's Construction Disputes and Defects Team served as the Construction Expert, and was tasked to determine the following:

    • Value of Construction (As-Planned, As-Constructed and To-Complete)
    • Roles and Responsibilities of the Parties
    • Prosecution of the Project as to: Scheduling, Invoicing, Change Orders and Project Management
    • Analysis of the Time of Performance and Delays
    • Analysis based on: Industry Standard Practices and Industry Standard Cost information, applicable Building Codes and WEXCO's Site Inspection and review of Project Records.

    The above referenced incident occurred in Hollywood, California, and was analyzed and inspected by our Marina del Rey office Engineering staff.

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    Dr. Stephen C. Wexler: 40 years experience in construction, construction management, safety and related. Unusual combination of safety engineering and construction and civil engineering permits separate areas within construction, safety, and premises liability. 6 years Instructor at UCLA Evening Extension in Engineering & Construction Management, and 4 years US Navy Seabees Instructor for Construction Management - Port Hueneme, CA and Gulfport, Mississippi.

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