MontPoint-croppedProject Value: $200M
Services:  Quantification of Damages, Loss of Productivity Study, Expert Witness
Client:  Fireman's Fund Insurance, Co.
Location: Desha County, Arkansas

Delta was retained to provide quantification of damages, including a Measured Mile analysis, and related expert witness services to a “Co-Sureties” group of four insurance companies concerning possible damages attributable to the government on the construction of the Montgomery Point Lock and Dam in the White River Entrance Channel to the Mississippi River in Desha County, Arkansas.  Montgomery Point features a dam with a hinged crest-gated navigable pass, an overflow spillway, a navigation lock, a mooring area, and a control tower.  The project was designed to solve a recurring low-water problem that restricted commercial navigation in the White River.  When Mississippi River levels fell too low, the White River stage drops correspondingly, causing navigation restrictions that prompted the need for extensive dredging.

Delta’s team reviewed the construction schedules, accounting procedures, and the construction sequences.  Our forensic engineers and accountants evaluated the actual extra costs incurred including labor, equipment, material, overhead, and subcontractors.  Delta assembled and organized the supporting source records and then thoroughly evaluated the source records that were allocable to damages.  After all analyses were completed, Delta prepared an expert report and testified in U.S. Court of federal Claims trial.

“Plaintiffs presented their proof of damages through the testimony of Mr. Fuchs, President of Delta Consulting Group, a consulting firm specializing in litigation support for the construction industry. See Tr. at 2936 (Fuchs). Mr. Fuchs was a persuasive damages expert, convincing and resilient on cross-examination.”

Judge Christine Odell Cook Miller, U.S. Board of Claims