710 2nd Avenue, Suite 820, Seattle, Washington 98104 ♦ 206.682.9722 ♦ Fax 206.224.4722

Absolute Environmental Services v. Forrest McKinley

Trial Graphics used in U.S. District Court in Anchorage, AK

Corke Amento was hired days before trial to create two stand alone graphics for a jury in Alaska demonstrating a complicated series of seemingly unrelated events. The Coast Guard Base at Kodiak, Alaska, required a steel-framed and steel piling supported ship wharf to be recoated with a protective epoxy coating to prevent corrosion. The contract was divided into two phases because the Coast Guard did not have the funding to do all the work in one season. Brechan Enterprises was the Coast Guard’s design-build contractor.

On the first contract Swalling Construction performed the work as the coatings subcontractor but encountered great difficulties with the existing condition of the steel. The specifications were changed by Brechan to avoid most of the extra costs but the end product did not meet the Coast Guard’s satisfaction. Swalling was so disgruntled with Brechan’s handing of the issues, they refused to work on the second phase.

Brechan hired Absolute Environmental Services who in turn hired a California coatings contractor to perform the second phase work. However, Brechan failed to disclose the difficulties Swalling encountered in phase one and changed the specifications back to the original, very exacting standard Brechan already knew would not work.

During performance, Absolute’s sub struggled and eventually Absolute took over the work and completed the contract but spent over $1 million extra trying to meet the specifications that were essentially defective.

Our graphics demonstrated to the jury that Brechan was losing money on the first phase until they reduced the specifications, and tricked the Coast Guard into paying for the termination costs to get rid of Swalling. The second graphic shows how Absolute followed the same loss path in the second phase that Brechan did in the first phase. Between the expert’s analysis of what actually happened and our graphic depiction of it, our client was awarded 100 percent of their requested damages, interest on all sums due, and attorneys’ fees and costs.

Lisa, I can’t tell you how much I appreciated your help in putting those exhibits together, and on very short notice. I believe they made a difference and helped to solidify the concepts we were trying to educate the jury about. We also worked very well together and your experience was invaluable in getting it done quickly. On behalf of the entire team representing Absolute Environmental Services, we would like to thank you again for a job well done.

-- Michael Lembke, Manager & Principal

   MKL Associates, LLC

All rights reserved © 2010 Corke Amento, Inc.