Experience Matters

On behalf of an owner, analyzed its claim regarding defective designs and installations associated with an offshore gas production facility, pipeline, and onshore gas processing plant. Testified in arbitration.

On behalf of a government controlled nuclear management company, performed a third-party review and upgrade analyses of its bidding processes and contract conditions for the decommissioning and new construction of nuclear power plants. Reviewed the contract/bidding documents and provided an independent risk management report covering best practices, PMBOK application, project success goals, and general procedures for upgrading contractor performance.

Analyzed the expediting costs associated with the $320 million rebuild of a refinery in Alberta following a fire. Performed this work in support of an insurance company’s interest on a property damage claim that the refinery owner filed. Analyzed the trade-offs of increased time-related costs that would have been incurred had the work not been expedited compared to the increased costs as a result of a fast track schedule. Evaluated the results of the various scenarios using Monte Carlo calculations to derive a probabilistic determination of the range of costs as a function of the variables involved in the analyses. Analyses contributed to a successful settlement between the insurance carrier and the owner.

On behalf of an owner, evaluated a contractor’s expert report and €18 million delay and disruption claim concerning the replacement of emergency diesel generators on a nuclear power plant in Finland. Assessed the expert’s time extension analysis, which was found to lack an assessment of the critical path of the work. The claim was ultimately rejected.

On behalf of an owner, prepared and evaluated claims concerning the design and construction of one of Europe’s largest nuclear reactor and turbine generator facilities, involving multiple tranches of claims submitted over the course of several years. Conducted schedule delay and quantum analyses on approximately €3.6 billion in contractor claims and approximately €2 billion of owner counterclaims. Reviewed the merits of outstanding change orders that were part of the contractors’ claims. Assessed claims associated with loss of productivity, time-related costs, subcontractor pass-through costs, delayed and disputed payments, overhead, profit, and interest. Provided expert testimony concerning delays and quantum during arbitration proceedings held at the International Chamber of Commerce.

Reviewed change orders, schedule delays, and pending disputes between a major U.S. chemical company and its mechanical contractor on a methanol plant in Texas. Advised the client as to its exposure regarding the technical issues involved in these issues for purpose of settlement negotiations.

On behalf of an owner, performed analyses and prepared expert reports regarding schedule delays and increased costs associated with an EPC contractor’s $138 million claim on a gas plant expansion project. The work involved correction of the contractor’s baseline schedule and schedule updates, assessment of impacts allegedly due to change orders, welding defects, late delivery of drawings by the owner, and contractor performance problems. Prepared time impact and As-Built But-For Schedule Analyses to address time extension entitlement, compensable delay, and loss of productivity. Developed a chronological database and assisted the law firm with witness statements and document disclosure requests. Completed a comparative assessment between the project’s radiography records for the rejected pipe joint welds, and the results that were developed from the owner’s radiography expert’s interpretation of the films. Evaluated the opposing experts’ schedule delay and damages analyses and assessment of responsibilities for project management performance problems. Performed extensive schedule quality assurance review studies of the contractor’s contemporaneous EPC project schedules to ensure that these schedules could be used for delay analysis. Identified and documented numerous problems with open-end activities, overuse of constraints, missing original scope, incorrect as-built dates, missing as-built dates, and missing logic links. The dispute was resolved prior to arbitration.

On behalf of a contractor, analyzed schedule delays in a $70 million dispute resulting from the construction of subway tunnels that were delayed by over two years. Responsible for identifying and apportioning delays.

On behalf of a Swedish subcontractor, reviewed its claim against an EPC contractor for delay and loss of productivity associated with the fabrication and assembly of living quarters for an offshore oil production facility.

On behalf of a contractor, analyzed cost overruns associated with the construction of a heavy haul road in Alberta.