Experience Matters

On behalf of the Ontario Provincial Government, evaluated delays to the restart of a power plant unit at a nuclear power electricity generation station located in northwest Ontario. The operator of the nuclear unit suffered a force majeure outage and, as a result, was entitled to balancing payments from the Ontario Government while the unit was being repaired and restarted. The provincial government was concerned that the delays that the unit operator experienced were excessively long. Evaluated whether the operator managed the unit’s outage schedule in the most efficient manner.

On behalf of interested underwriters, performed cost and data analysis and prepared an expert report for an insurance adjuster. The claim related to a fire loss that was the result of a line failure that caused an oil-based thinning agent to leak at a bitumen upgrader settling basin. The loss occurred for one of the largest operators in the Canadian oil sands industry and its joint venture companies. The facility is an embankment dam that was, by volume of construction material, the largest earth structure in the world in 2001.

On behalf of an EPC contractor, analyzed an owner’s $19 million claim firm relative to home office and field cost budget overruns under a reimbursable contract for a $200 million refinery project.

On behalf of an owner, evaluated a contractor’s claim on a new airport terminal building project.

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.

On behalf of an insurance company, analyzed a $500 million claim for business interruption losses due to delays to the startup and commissioning of an upgrader refinery that was built to process synthetic crude oil from an oil sands production facility. The delays were allegedly caused by a fire at the oil sands production mine site, which delayed the transport of bitumen to the refinery through a 200-plus-mile pipeline. Prepared detailed CPM schedule analyses and an expert witness report. Designated as a CPM expert witness in support of the ICC arbitration in Alberta.

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.

Peer review of an analysis of a contractor’s right to recover damages for delay to early completion on an Activated Sludge Facility sanitation project in California.

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 an owner, developed cash flow economic evaluation computer models and prepared capital and operating cost estimates and economic analyses used in the negotiation of the $1.1 billion project loan guarantee for a shale oil project.