Experience Matters

Provided expert testimony in arbitration, on behalf of the designer and module fabricator, regarding owner claims of faulty workmanship, delayed project completion, increased project costs, and the designer’s counterclaims of unpaid invoices and change orders related to the design and fabrication of modules and the construction of a gas processing facility. Provided deposition testimony regarding an expert witness rebuttal report.

On behalf of an owner, analyzed a claim for delays and cost overruns against the engineering, procurement, and construction contractor of a polyol chemical plant project.

On behalf of an insurance company, analyzed a contractor’s claim for costs associated with repairs to damage resulting from a tower crane jacking failure on a mixed-use development project in Atlanta. Prepared detailed analyses and reports to identify reasonableness of costs claimed in preparation of negotiation and settlement among the insurers, insured, and insured’s contractor.

On behalf of an owner, analyzed an EPC contractor’s $43 million claim on behalf of an owner involving hundreds of alleged P&ID changes to the FEED design of a compressor station and pipeline project. Also analyzed resulting delay to the completion of the project, and the technical entitlement to the P&ID changes based on standard industry practice for design development, the owner’s specifications, and the timing of the changes.

Provided dispute resolution services in support of a chemical company that was defending against $150 million in impact claims made by a European EPC contractor on several polyethylene terephthalate plants. Participated in the document discovery, research, organization, and coding of over 500,000 project records into an Internet-based document repository. Assisted in answering interrogatories and prepared questions for fact witness depositions. Scrutinized the entitlement of alleged critical path schedule delays due to late and continuous changes, technology changes, late turnover package approvals, weather impacts, and slow agency reviews potentially affecting 15,000 schedule activities. Developed a comprehensive delay allocation model used to quantify and document critical path and concurrent delays affecting the schedules. Correlated issues to schedule activities. Employed a retrospective CPM schedule delay analysis methodology to correctly calculate entitlement for compensable delay costs and evaluate concurrent delays due to approved change orders, fact-based project issues, and weather impacts as supported by project records. Based on the findings, the contractor’s claims were grossly overstated and unsupported; the owner enjoyed a favorable settlement at a small fraction of the total dispute. Performed extensive schedule quality assurance review studies of the contractor’s contemporaneous EPC project schedules to determine if these schedules were fit for delay analysis including identification and resolution of open-end activities, overuse of constraints, incorrect as-built dates, missing as-built dates, missing original scope, and missing logic.

On behalf of an owner, analyzed a French contractor’s $14 million delay and increased quantities claim on a 36-inch gas pipeline and valve station project. Reviewed the owner’s ITB packages, contracts, project controls procedures, and contract administration procedures and presented a claims prevention seminar. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

On behalf of a bank that provided project funding, analyzed operating performance problems and cost overruns on a cattle manure-fueled power plant and several agricultural waste-fueled power plants.

On behalf of an owner, analyzed an $85 million change order and delay claim regarding an offshore Compliant Piled Tower constructed in Texas and topsides facilities fabricated in South Korea for installation offshore Angola.

On behalf of a contractor and underwriter, analyzed reduced operating cash flows for a mixed-use building, including $5.1 million in damages claimed by the plaintiffs for alleged loss of profits related to the conversion of the apartment units to an independent living facility.

Analyzed damages for an owner defending numerous change order claims on an international oil refinery upgrade project. Provided critical assessments of the contractor’s pricing of its change order estimates.