James G. McConnell

Mr. McConnell defended injury claims by workers on the deep tunnel project, as well as representing the quarry owner in a $5 million arbitration over the value of stone required to be left in place for the rock dam, though it could have been mined out if the rock wall was needed only for support of the highway.

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The quarry owner's mining operations were conducted on both sides of Interstate 80, with periodic engineering evaluation of the quantity of rock required to be left in place supporting the roadway as the quarry deepens.  The decision to use the north lobe of the quarry for flood control by storing up to 7.8 trillion gallons of storm runoff there required the quarry owner to leave more stone in place to resist the additional loads from 31.5 million tons of water.

The Water Reclamation District and the quarry owner were able to agree on all but $5 million worth of the value of stone to be left in place for the rock dam. By the District paying the owner the agreed upon amount and putting the disputed $5 million in escrow, both parties reduced the cost and effort needed to arbitrate the dispute over the last $5 million of compensation.

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Lessons Learned:

Any early agreement solving even part of a problem will reduce the cost and effort spent on arbitration or litigation of remaining disputes once the project is completed.