Experience Matters

Provided claims prevention training seminars for a mineral processing engineering firm in Denver, Tucson, and Mexico City. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

Provided analysis in defense of a $7.1 million claim brought by a mechanical erection subcontractor for increased scope, delay, extended overheads, and lost productivity on a $189 million simple cycle cogeneration plant.

Prepared an owner/operator’s claim against a major railroad for causing delays and cost overruns during the construction of fiber optic communications systems along the railroad’s right-of-ways. Developed schedule delay analysis of each of the right-of-ways along which the fiber optic cable was installed in trenches. Identified detailed daily documentation that identified railroad interference or lack of support for the installation of the work.

Analyzed entitlement, schedule, and cost issues on litigation arising from a construction manager’s termination of a nuclear demolition contractor. Prepared an affirmative claim valued at $2.3 million and rebutted the contractor’s counterclaim valued at $1.5 million.

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.

Performed damages and schedule analyses for a contractor in a $1.3 million dispute with its earthwork and utilities subcontractor. Submitted an expert report that asserted $300,000 in damages and defended a $1 million counterclaim. Prepared all damages and schedule analyses and provided testimony in both deposition and arbitration. The contractor received a favorable award.

Provided cost and CPM scheduling services on a City of Las Vegas Traffic and Communication project. Developed and monitored resource-loaded completion schedules for the remaining work. Performed a retrospective CPM schedule analysis to prove change order impacts to the critical path of the project. Used activity-based costing techniques to appropriately allocate extended corporate and project overhead costs due to a 6-month suspension period. Performed productivity studies and provided resource and cost projects used for cash flow and cost-to-complete purposes. Successfully performed change order pricing and negotiations ($750K) with the owner for numerous design impacts.

On behalf of an equipment supplier, developed estimates to complete four power plant projects that the contractor left incomplete.

On behalf of an owner, analyzed delays and project management performance deficiencies in defense of a $40 million claim of an EPC contractor. The claim involved additional overhead and fee on a cost reimbursable contract for the management of the design and construction of an LNG terminal project that was delayed over 18 months. Analyzed deficiencies in the EPC contractor’s schedules and analyzed concurrent delays. Prepared the basis of a counterclaim by the owner against the EPC contractor.

On behalf of a prime contractor, provided technical, scheduling, loss of productivity, and damages analyses in regard to a $30 million dispute related to the engineering and construction of a high-grade gold processing facility. Prepared the prime contractor's claim, reviewed and prepared a pass-through claim for the mechanical subcontractor, and evaluated the owner's counterclaim. Evaluated the status of design at contract award, the quality of owner-supplied equipment, the accuracy of the contractors' bid estimates, and the responsibility and impact of numerous design and construction changes as well as other issues. Evaluated and apportioned responsibility for delay, disruption, and damages among multiple parties. Quantified disruption resulting from cold-weather work, overtime, crowding, shift work, and the cumulative impact of changes. The parties settled prior to court proceedings.