A European provider of engineering/design services and equipment related to plasma recovery technology was engaged by a U.S. corporation. Per the agreement with the corporation, the provider to designed and built a plasma-recovery system to enable the recovery of precious metals from e-waste (electronic devices that have been used and discarded by consumers and businesses). While installation of the system was completed, due to various disagreements between the parties, the provider was never allowed to complete various tests required for the corporation to ultimately accept and assume operation of the system. As a result, the provider did not receive various milestone payments.
The provider (the "claimant") engaged Stout to determine the damages it incurred. Stout calculated damages based on: the payments related to outstanding milestones that the claimant was prevented from completing; a performance bond called by the corporation (the "respondent"); additional work performed by the claimant (caused by the respondent that was beyond the scope of the contract); and contractual and prejudgment interest. We were also engaged to provide a rebuttal opinion regarding a counterclaim. Our expert provided testimony in Paris at an International Chamber of Commerce, International Court of Arbitration proceeding.