1. Best Construction Practices Lessons Learned Gary Leonard General Counsel Fermi National Accelerator Laboratory

2. NUMI Bottom line: Underground Construction is Difficult and Expensive Dedicated Team Approach vice Matrix Develop an RFP/Contract with Risk in Mind Expect Claims

3. Contract Type Turnkey Triangle relationship Owner Company X Designs Company Y Builds X and Y point fingers at each other for blame

4. Issues DOE Prime Contract requirements

5. Stop Work results in Scheduling Issues –Unforeseen conditions –Accidents –Environmental Considerations (affecting permits) –All result in: Delay and Acceleration Scheduling proposals

6. Postscript thoughts Team assembled including – Legal Support In house Outside counsel Construction Claims experts – Procurement Team –ES&H

7. Postscript Cont. Set up a team prepared to deal with - –Negotiation –ADR Brainstorm it –Procedures for Dealing with Claims –Using the Bonds and Guarantees