Experience Matters

On behalf of a major international oil company, analyzed the quantum aspects of an EPC contractor’s $130 million delay and changed conditions claim. The claim involved the relocation of a gas processing plant project site after construction had commenced because of the discovery of unfavorable soil conditions. Prepared an expert report and rebuttal expert report and testified in ICC arbitration. The EPC contractor’s claim was denied, and the owner’s liquidated damages claim was upheld.

On behalf of a major U.S. oil company, performed an analysis and provided deposition testimony regarding a claim against a contractor for $29 million in improper charges on a reimbursable contract for the fabrication of one offshore gas compression platform and two wellhead platforms.

Reviewed an owner’s contract for the EPC of a polyethylene plant. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures. Recommended changes to project management, scheduling, and project controls provisions to improve the owner’s visibility into project progress reporting.

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

Prepared detailed as-planned and as-built schedule analyses for a contractor on a dam project. Participated in negotiations between the contractor and the Province of Alberta.

On behalf of an insurance company, analyzed a $50 million loss for property damage and business interruption resulting from cracking to a reactor vessel at a glycol process plant facility in Alberta. Prepared deposition questions and assisted loss adjusters and counsel for the underwriters with cost and schedule analyses.

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.

On behalf of an owner, performed a detailed schedule quality assurance review of the engineering, procurement, construction, commissioning and start-up activities of a central processing facility (CPF). The CPF consisted of utilities, inlet separation, two oil trains, associated gas compressors, natural gas liquids and injection gas units. Identified logic problems and overuse of constraints, which made the indicated critical and near-critical paths questionable.

Wrote an expert report for an owner regarding a Construction Manager’s (CM) project management performance on the construction of a new hospital facility. The contract was CM at risk with a guaranteed maximum price contract of $280 million. The project scope consisted of a seven-story acute care tower, two-story base facility, six-story medical office building, underground parking and two-story parking structure, and central energy plant. The project incurred over one year of critical path delay, ultimately resulting in the owner terminating the CM for default.