Municipal Sewage Authority – Expert Witness Services
Services Provided: Executrek provided expert witness services for the Owner and Owner’s legal team. These services included:
Forensic Contract Analysis
Scope Analysis
Bid Documentation Analysis and Report
Analysis of witness’ Depositions
Defense Strategy Support
Expert Witness Testimony
Background: The Passaic Valley Sewerage Commission (PVSC) initiated a $72MM capital improvement project at its sewage treatment facility that included replacement and/or upgrade of equipment and facilities in a major treatment unit. A lawsuit was brought by a bidder who was not awarded the contract, claiming that the Sewerage Authority’s decision not to award them the contract was arbitrary, capricious, unreasonable, and unlawful. Executrek Systems LLC was sought by the defendant and its counsel to support the Sewerage Authority’s defense of the lawsuit.
Budget: $72MM
Duration: 12 Months
Successes: Mr. Glenn W. Brunje, PMP, Vice President of Program Management, performed the analysis of the contract, bids, bid reviews, discovery documentation, witness depositions, and plaintiff expert report. He delivered a report of this analysis which was entered and accepted as the defendant’s expert witness report. The report confirmed that the Plaintiff’s bid was unbalanced and unresponsive, and that the Sewerage Authority correctly and responsibly rejected the bid. Mr. Brunje provided live expert witness testimony and cross-examination support for counsel. The court found that “The Brunje opinion on the subject was credible, grounded in an appropriate industry-based standard and method of the facts, the facts on the record and fully supports as reasonable and non-arbitrary” the Sewerage Authority’s decision. The Sewage Authority won the case and the Plaintiff’s appeal.
Successful defense of lawsuit brought by contractor against public entity