Experience Matters

On behalf of an owner, evaluated delayed engineering that affected the timely delivery of construction work packages to the construction contractors on the pipeline and gas recovery facilities associated with an LNG facility.

Prepared a contractor’s claims for delays, impacts, and cost overruns experienced during construction of a multi-unit apartment complex.

On behalf of an EPC contractor, provided claims analysis, entitlement analysis, schedule analysis and assessment of $20 million in cost overruns on a lump sum, fast-track gas processing plant project. Issues included defective specifications, changes, and delays.

The project involved the EPC of a greenfield LNG terminal including major berthing facilities and onshore storage, processing, and pumping services. Provided lead contract and claims support to the joint venture EPC contractor to ensure recovery of owner-caused impacts throughout the construction process. This involved managing and defending a major claim from the international earthworks subcontractor through litigation proceedings in both the U.S. and Mexico. The scope of work further involved detailed rebuttal of schedule, disruption, and damages analyses.

On behalf of a paint manufacturer, prepared an expert report refuting an EPC contractor’s claim for delay and disruption allegedly resulting from work associated with removal of lead-containing paint from the process plant modules and platforms of an offshore oil production facility installed in the Gulf of Mexico. Case settled prior to trial. The project also involved the defense against the owner’s delay claim for recovery of lost profits due to the delay to the achievement of first oil allegedly caused by the lead abatement program. Presented an expert report demonstrating that the project would have been delayed because of concurrent delay by the EPC contractor. Testified in deposition, which resulted in a successful settlement of the dispute.

On behalf of an African country, provided a rebuttal report and testimony in international arbitration regarding a claimant’s alleged value of its lost business opportunity after performing, at its own expense and risk, engineering and project development services for a port and rail project that it was not awarded. Evaluated the class of the claimant’s estimates of the project costs before and after it performed its de-risking of the project to lower project costs and determined that the estimates were inaccurate based on the information that was available to prepare the estimates. Thus, found that the claimant’s alleged project savings and its claim amount were speculative.

On behalf of an EPC contractor, analyzed an owner’s $19 million claim firm relative to home office and field cost budget overruns under a reimbursable contract for a $200 million refinery project.

On behalf of a drywall and painting subcontractor, provided analysis and quantification of schedule delay, labor productivity loss, and other damage resulting from change orders on a commercial facility in Colorado. Prepared and submitted an expert report. Parties settled prior to arbitration.

On behalf of one of the consortium contractors, evaluated claims against the other consortium contractor associated with a power and desalination project in the Middle East. The power plant design involved a change from a sub-critical power block to high-efficiency super critical technology. Evaluated numerous claims involving disputed variation orders involving technical design, equipment supply, and construction issues, delay, and increased costs. Prepared an expert report in arbitration. Provided direct and cross-examination testimony at the arbitration hearings in Dubai, UAE.

On behalf of a piping manufacturer, analyzed the fabrication of piping components as an element of the fabrication and erection of HRSGs including the identification of aspects of the delay resulting from the actions of the various parties included in the project. Prepared an expert report, which led to settlement of the matter.