We persuaded the prime contractor to pay $4.8 million to settle claims for the additional security costs our client incurred to protect both the transportation route and the project site.
Our Afghan client signed a subcontract with a USAID prime contractor to build a bridge in the Uruzgan Province of Afghanistan. During contract performance, our client discovered that the security and transport conditions drastically differed from what our client had expected during the bid process, resulting in huge cost overruns. We filed claims against the prime contractor for differing site conditions, violation of the superior knowledge doctrine, and various other causes of action. The parties litigated the claims before the International Centre for Dispute Resolution (ICDR), the international arm of the American Arbitration Association.
Investigation of the claims and discovery were difficult because our witnesses were Afghans or third country nationals spread throughout the Middle East, as was much of the evidence.
However, following extensive investigation and discovery, we secured a $4.8 million settlement on behalf of our client.
