Experience Matters

On behalf of an owner, evaluated its position for a claim against the EPCM contractor for mismanagement, cost overruns, and delays on the performance of a cost reimbursable contract to design and build an offshore oil and gas production facility. Performed a schedule and cost variance analysis to identify where delays and cost overruns occurred and the allocated causes for such overruns against the owner and the contractor.

On behalf of a major international chemical company, analyzed its contract documents and specifications for engineering, procurement, and construction of chemical plants worldwide. Recommended clauses to resolve the potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures. Provided a claims prevention seminar.

On behalf of an owner, analyzed a Russian and Turkish contractor’s claim for change orders, delay, and loss of productivity, and the owner’s counterclaims for default due to inadequate project management performance and substandard installations of a residential community project. Developed a document database, inspected the site, reviewed contractual entitlements, and provided the owner with a basis for negotiating a settlement with the contractor.

Reviewed engineering work processes used by a major engineering company and a major oil company associated with the design of offshore oil and gas production facilities. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

Provided litigation support services on the $75 million Kaiser Hospital complex in Riverside, California. Performed detailed quantity take-offs for earthwork, concrete foundations structures and slabs, metal deck, drywall, chemical fireproofing, marblecrete, glass curtain walls, and storefront. Created a 900-activity as-bid CPM schedule to determine a reasonable project schedule. Developed a 1,100-activity as-built CPM schedule and analyzed actual manpower distribution to evaluate lost productivity issues.

Developed a contractor’s $21 million delay and disruption claim against the owner of a 4x2 combined cycle power plant in Romoland. The scope of work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

EPC design build of a 500 MW gas-fired power plant. The project was significantly delayed and disrupted due to local unavailability of labor resources despite union agreements to provide the required construction manpower. Prepared a force majeure claim based on lack of available local labor and other resources. This involved considerable research into area and regional labor usage, related area and regional construction facilities, and union services interfaces. Submitted a heavily researched paper to the client including supporting CPM analysis and contract entitlements to facilitate settlement negotiations. The main contractor succeeded in recovering additional monies and avoiding liquidated damages.

Performed an entitlement and schedule analysis on a $60 million dispute arising from a steel mill expansion project. Reviewed RFIs, drawing changes, and change orders to identify and apportion schedule impacts.

On behalf of Denver Public Schools (DPS), provided CPM schedule and cost analysis and dispute resolution services that defended against unsubstantiated general contractor claims that exceeded $3 million. Participated in the DPS dispute resolution team that resulted in the successfully negotiated settlement of all general contractor claims at a significantly reduced amount.

Prepared interior design/fit-out contractor’s delay claim with additional associated costs for five hospitality buildings, a ballroom, a marina, and external works due to construction work delay by the main contractor, the MEP subcontractor, and delay in approvals by the client.