Experience Matters

Priced and negotiated change orders for the Bay Area Rapid Transit District on a $65 million train control contract. Evaluated entitlement, prepared schedule analyses, wrote findings of fact, and negotiated change orders.

On behalf of the operator of a chemical storage facility, evaluated a claim associated with delays and cost overruns caused by scope changes and hurricane impacts. Operator alleged that the cost of the facility significantly increased as a result of owner-caused changes and impacts from Hurricanes Katrina and Rita, and that the owner agreed to compensate the operator for the hurricane impacts. The owner alleged that the operator mismanaged the project and that the delays and cost increases were primarily caused by other problems not related to the hurricanes.

Assisted a supplier of proprietary equipment in defending against a $20 million claim on a project involving the design, delivery and construction of a new cement production line from ore receiving to clinker storage and loadout. The general contractor claimed for increased costs allegedly due to delays, disruption and labor impact arising from late delivery of design data and proprietary equipment, and a defective design. The case was arbitrated in Texas. The client was found liable for only a portion of disputed extra work.

On behalf of an owner, reviewed CPM schedules submitted for arbitration to verify their authenticity for use in a delay analysis by an opposing expert. Prepared examination questions for counsel to cross examine the opposing expert at arbitration regarding causes of delay to the reconstruction of a refinery that a cyclone damaged.

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.

On behalf of an insurer, evaluated property damage claims associated with flood-damaged industrial buildings and manufacturing facilities following a flood. Prepared comparative cost estimates for the damaged equipment and facilities to test the reasonableness of the damage claims alleged by the owner.

Prepared CPM fragnets depicting schedule delays. Analyzed productivity losses on a natural gas liquefaction project.

On behalf of a manufacturer of HRSGs, analyzed an EPC contractor’s $35 million claim regarding a lump-sum contract to design and build a gas-fired power plant. Assessed the EPC contractor’s allegations regarding the constructability of the HRSGs and the delay and disruption impact of those problems on its work.

On behalf of an owner, analyzed the EPC schedules for a $2.7 billion LNG facility. Verified the schedule work scope against contract requirements. Evaluated schedule metrics, reviewed schedule logic, and assessed critical path reasonableness.

On behalf of an insurance company, performed a schedule delay analysis and provided expert testimony in litigation brought by the insured against an underwriter for severe weather-related delays during the construction of a condominium and commercial retail development in Miami Beach. The parties settled the litigation following deposition testimony.