Slide number 1
Our diligent and informed review of the project’s cost data accurately portrayed our client's damages related to re-procurement as warranted and reasonable.
Arbitration Resolved
Tribunal Awards $300 Million in Energy Construction Dispute
Arbitration Resolved
Tribunal Awards $300 Million in Energy Construction Dispute
Key Contacts
Tribunal Awards $300 Million in Energy Construction Dispute
How do you win a cost claim when the counterclaim is nearly three times larger?
A privately owned power company in Latin America engaged in a power plant project terminated its Asia-based engineering and construction contractor after alleged contract breaches. When the power company sought to recoup $308 million in costs through international arbitration, the contractor countersued for $800 million in damages.
Counsel appointed FTI Consulting’s construction damages experts to review the claims and counterclaims and provide expert testimony in support of arbitration.
Our Impact
The ICC International Court of Arbitration awarded the power company virtually all of the $308 million in costs that it sought and dismissed most of the counterclaims.
Slide number 2
Our investigation also showed that the counterclaim damages were either entirely unsupported or based on inappropriate claim approaches.
Slide for Person in business attire writing on documents at a desk with a glass of water and lamp in a warmly lit office.
As a result of our reports and testimony, the tribunal found that the contractor’s counterclaim lacked merit.
In crisis and transformation,real-world experience delivers.
Our Role
Damages expert successfully defends cost reports under cross-examination
Our construction damages experts reviewed the power company’s actual and projected costs after the contractor was terminated, assessed the contractor’s potential payment without the termination and evaluated the methodology and support for the contractor’s counterclaims.
Our team reviewed extensive cost data from both parties and other project information to determine the contractor's progress prior to termination.
We produced reports for the tribunal showing that the re-procurement costs to complete the project were incurred in a reasonable manner.
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