Experience Matters

Performed quality control and reasonableness review of a schedule delay analysis for a tunnel-boring contract on the Los Angeles metro subway project.

On behalf of an equipment supplier, developed estimates to complete four power plant projects that the contractor left incomplete.

On behalf of an EPC contractor, analyzed the technical entitlement of over 400 change orders associated with an engineering and construction contractor’s $60 million claim on a magnesium oxide production plant. Determined the cause-effect relationships among the changed work and the resulting schedule impact and additional costs. Provided expert testimony at an ICC arbitration hearing in London. The contractor alleged that the FIDIC-based contract provided relief under the Variations clause. However, the owner argued that it was a fixed price contract, and no relief was available. Also analyzed the cause-effect relationship of improper operation by the owner and resulting poor magnesium oxide production from the facility.

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 the government, evaluated the quality of the CPM schedules prepared by several international oil companies for the development of an LNG facility in Tanzania.

On behalf of an insurance carrier, prepared an expert report for a case before the Superior Court of Ontario pertaining to the cost of construction to complete a residence in Metcalfe, Ontario, Canada. Reviewed, analyzed, and commented on the plaintiff’s expert report. Developed an estimated construction cost analysis for the scope of work presented by plaintiff’s expert. Opined on whether individual scopes of work provided by the plaintiff were a part of the completion of the house or an enhancement of the house.

Analyzed a contractor’s delay and disruption claim against the owner of a 3x1 combined cycle power plant in Philadelphia. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

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.

Provided expert witness services and prepared preliminary damages analyses for an electrical subcontractor on a water reclamation project.  The claim issues concerned the electrical subcontractor’s loss of productivity and extended overhead damages.  The dispute settled in negotiations after preparation of our expert report.

On behalf of a manufacturer of HRSGs, analyzed an EPC contractor’s $35 million claim regarding a lump-sum contract to design and build a gas-fired power plant. Assessed the EPC contractor’s allegations regarding the constructability of the HRSGs and the delay and disruption impact of those problems on its work.