Experience Matters

On behalf of a contractor, analyzed an EPC contractor’s change order and delay claims on a chemical plant project.

Analyzed a contractor’s $8 million delay and disruption claim against the owner of a 2x1 combined cycle power plant in Redding. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

On behalf of an owner, reviewed a claim involving disputed change orders and extra work by a contractor against a chemical company of an EVS/CVS upgrade project.

Provided dispute resolution services for a general contractor in defense of $2.5 million in assessed liquidated damages by the owner of a power plant. Evaluated contemporaneous project records to identify project impacts. Identified and quantified critical path delays and lost productivity impacts caused by the late delivery of equipment and materials, late responses to RFIs, and last-minute changes by the owner’s turbine/generator supplier on a new power plant project. Used retrospective CPM schedule delay analysis methodology to demonstrate delays caused by the identified impacts. CPM schedule delay analysis successfully supported the general contractor’s defense against the owner’s assessment of liquidated damages against the general contractor. The general contractor and owner ultimately reached a negotiated settlement.

On behalf of an owner, assessed delays to overall mechanical completion, delays to initial acceptance, defective works counterclaims, cost reduction claim, elements of technical design, cost and schedule overruns, and Ready For Start-Up (RFSU)/Commissioning delays. Prepared expert reports, expert reply reports, and joint expert reports for tribunal submission. Provided litigation support, including preparation of cross-examination questions, and testified in arbitration hearings.

Provided litigation support services for a $3 million real estate development project. Created as-planned and as-built CPM schedules for delay and acceleration evaluations including extensive analysis of weather delays.

Assisted an owner in performing its due diligence of cost estimates and schedules by: (a) validating that the estimations of asset management costs were based on a “Class 2” estimate as defined by the Association of Advancement of Cost Engineering International (AACEI) and (b) reviewing refurbishment schedules to ensure that there were no contingencies in the integrated base schedule.

On behalf of an owner, analyzed a $1.7 million claim for schedule delays and disruptions during the construction of two wastewater treatment plants and barometric condenser conversions at an oil processing unit. Prepared detailed CPM schedule analyses and expert reports. The dispute was successfully resolved prior to the arbitration.

On behalf of an owner, analyzed alleged deficiencies in the design of a petroleum coke gasification and syngas plant that resulted in change orders, delay, and loss of productivity claims totaling $25 million against the owner of a refinery. The project involved the relocation of a coal gasification facility from California and redesign of the plant based on petroleum coke feed.

The project centered on the contract to design and build a 663 MW sub-critical pulverized coal-fired plant addition to an existing brownfield facility. This was a full EPC contract involving multiple stakeholders including a joint venture between the major contracting entities and power island suppliers. Managed a team engaged to provide risk management and claims avoidance advisory and training services to the on-site project teams. Services also included claims avoidance management both on a term and “as required” basis to facilitate early settlement of project problems and avoid lengthy disputes. The project was completed with no major claims or dispute issues.