Municipal Sewage Authority – Facilities Upgrade

Services Provided:

Expert Witness Services 
Forensic Construction Management and Project Controls
Analyses of Contracts, Bids, Bid Reviews, Discovery Documentation, Construction Management Plan, Earned Value Based Project Controls, Plaintiff Expert Reports

Project Scope:
  The Passaic Valley Sewerage Commission (PVSC) initiated a capital improvement project. This included replacement and upgrade of several major equipment. This included: Decant Tank and Internal Equipment – Heat Treatment Plant Supernatent Return (HTPSR) overflow capture – Sitewide Concrete Repairs

– Facilities Modifications – Replacement of Major Electrical Equipment – New Sludge Storage Facility Improvement – HVAC System Upgrade – Non-Potable Water System Upgrade


Budget:  $72MM

Duration:  12 Months

Services Provided: Executrek provided expert services for the Owner and Owner’s legal team. These services included: Forensic Contract Analysis – Bid Analysis – Manpower Analysis Using Earned Value Techniques – Estimate Verification


Highlights:  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.

Mitigations/Successes:  Mr. Glenn W. Brunje, PMP, performed an 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 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