Experience Matters

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 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.

Prepared schedule delay and damages analyses and an expert report on behalf of an electrical subcontractor on claims against a general contractor on two Corps of Engineers lock and dam projects on the Red River.

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.

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.

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.

Prepared an extension of time claim for a Japanese contractor. The claim related to the construction of civil, structural, and building design work on a chemical plant project in the UK. Late access to the site and additional and modified work impacted the contractor’s execution of the work.

On behalf of an owner, analyzed a $1.7 million claim for schedule delays and disruptions during the construction of two wastewater treatment plants and barometric condenser conversions at an oil processing unit. Prepared detailed CPM schedule analyses and expert reports. The dispute was successfully resolved prior to the arbitration.

Provided support to management team including schedule coordination, review and development of Baseline CPM Schedule for the $87 million Roosevelt Avenue/74th Street reconstruction project. The schedule was resource loaded with 3,200 activities.

Assisted an owner in performing its due diligence of cost estimates and schedules by: (a) validating that the estimations of asset management costs were based on a “Class 2” estimate as defined by the Association of Advancement of Cost Engineering International (AACEI) and (b) reviewing refurbishment schedules to ensure that there were no contingencies in the integrated base schedule.