Expert Witness Opinion Services and Arbitration Proceeding Support (Schwartz Law Firm for C&R Maintenance, Inc., d/b/a Rizzo Services, Claimant, v. City of Warren, et al, Defendants)

GBB was hired by the law firm of a private hauler that was awarded a long-term contract with a municipality to make improvements to, and then operate, the City transfer station providing waste transfer services to the City and the hauler’s own customers.  The City did not perform all of their contracted responsibilities, and the private hauler incurred many unforeseen costs to complete its performance obligations.  This was a breach of contract action with the hauler suing the City to recoup their increased costs.  The two sides selected the American Arbitation Association as their alternative dispute resolution provider in this matter.  GBB analyzed the contractual documents and obligations of the parties, visited the site to see the property and contracted vs. actual improvements made; reviewed the expected versus required operations of the hauler; identified staff functions; and reviewed the complete budgets for their proposal versus detailed annual cost to provide their services.  GBB provided its expert opinion in December 2008 before a Commercial Arbitration Tribunal.  GBB’s focus was on the business expectations and contracted responsibilities of the two parties within the context of the agreement and solid waste industry standards, and the marginal cost increases incurred by the hauler due to the breach.  A decision in favor of GBB’s client was made in June 2009.