Experience Matters

Assisted a mechanical contractor in a $7 million dispute with an EPC contractor over additional costs associated with delays, disruptions and loss of productivity on a 300 MW combined cycle power plant. Disputed items included: 1) changes in the scope of work, 2) late delivery of EPC contractor-supplied materials and equipment, and 3) late delivery of necessary design information.

Retained by the owner of a surfactants expansion project to defend a claim by an electrical contractor for increased costs and loss of productivity. Evaluated standard of care, schedule, causation, labor productivity (including loss productivity due to changes), and damages.

On behalf of an insurance company, analyzed delays related to the construction of an LNG terminal in New Brunswick. The delay analysis included equipment to unload tanker, transfer to LNG storage tanks, vaporization of the LNG, and metering of the gas as it was introduced into a natural gas pipeline. The owner filed the claim because materials were lost overboard at sea in severe weather while being shipped to the site.

On behalf of an owner, analyzed schedule delay claims by a prime contractor on an LNG facility being constructed.

Analyzed a major fire at an upgrader in Alberta that processed synthetic crude oil from an oil sands facility. The client, a major construction company and its insurer, was defending against liability for property damage and business interruption damages totaling $1 billion.

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.

On behalf of a mechanical contractor, analyzed a $1.5 million claim on a new university classroom building project.

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, analyzed a contractor’s $11 million claim involving disputed change order work, loss of productivity, late materials deliveries, and other delay events on a new petrochemical plant project. Issues involved customs clearance delays and inadequate project management by the contractor.

Provided construction claims analysis services related to a major gas pipeline project. Prepared an expert report concerning evaluations, analyses, findings, and opinions regarding the claims a contractor filed against the pipeline owner. Prepared a rebuttal report critiquing the opposing expert’s report submitted on behalf of the contractor.