Experience Matters

Prepared fit-out contractor’s delay and disruption claim with additional associated costs for a five-star hotel due to construction work delay by the main contractor, the MEP subcontractor, constant changes in fit-out works, and delay in approvals by both the consultant and client.

Assisted original principals in defending a $6 million claim by the acquiring firm regarding a project that manufactured long-term storage containers for spent nuclear fuel. The purchasing firm alleged that the principals of the original firm misrepresented relevant financial information related to the project’s progress and forecast costs at the time of the change in ownership. Assisted original principals in substantiating that actual performance of the work in progress was in fact consistent with projections and the only exceptions were due to a substantial change in the definition and allocation of overhead burdens, and other business decisions made by the acquiring firm subsequent to the transfer of ownership. Claim was settled prior to hearings and on terms very favorable to defendant client.

On behalf of an insurer representing a contractor, prepared an expert report and provided testimony regarding the analysis of an owner’s property damage claim following a fire at an oil terminal, which damaged the tank areas, including associated equipment, piping, electrical and instrumentation. Also evaluated the validity of the owner’s warranty claims that existed prior to the fire and included in the owner’s alleged damages. Prepared an expert report and testified in deposition, which led to a settlement of the dispute.

Prepared and analyzed detailed as-planned and as-built schedules to assist an owner defending against contractor claims on a university dormitory project in Riverside.

An EPC contractor designed and supplied two 300 MW Circulating Fluidized Bed (CFB) boilers to replace oil and gas-fired boilers, as well as boiler islands on two units. Engaged to prepare a schedule delay analysis related to a claim filed for an equitable adjustment of the contract price on behalf of the EPC contractor against the owner. The project team later made a presentation for mediation to the owner on the EPC contractor’s behalf.

Assisted an EPC contractor with a $10 million claim against an owner for increased costs associated with increased scope of work, project delays and disruption, and loss of labor productivity arising from subsequent acceleration on the design, delivery and construction of an additional line for the production of polyester chips for use in plastic soda bottle manufacturing.

On behalf of an owner, analyzed a $500 million property damage and business interruption claim resulting from fire damage to a petrochemical plant. Prepared cost estimates for the property damage claim and schedule analyses considering acceleration, betterments, upgrades, and non-rebuilt facilities.

Performed CPM scheduling, pay application, and dispute resolution services for the owner of the E-470 Public Toll Road project in Denver. Tracked and monitored the general contractor’s 5,500-activity CPM schedule that was cost and resource loaded. Provided effective pay application payment services by verifying and approving work performed by the general contractor. Performed various special studies regarding disputed pay items as well as the calculations of projected future value of interest for disputed work. Successfully worked with the contractor’s schedulers to develop an effective procedure for schedule updates and changes.

Provided claims analysis and cost and schedule analyses. Prepared a rebuttal report regarding insurance claims related to defective flue gas desulfurization systems on four coal-fired power plant projects.

On behalf of the owner, performed an independent review of the contractor’s delay claim related to curtain wall design, procurement, and construction for a high-end residential tower project. Prepared an expert report presenting findings and conclusions regarding the delay issues for the civil claim before the Supreme Court of British Columbia.