Experience Matters

On behalf of an owner, evaluated outstanding contractual payments, unresolved change orders, and alleged delay costs alleged by a contractor for the fabrication, transportation, and installation of Pipeline End Terminations and Jumpers for an offshore oil production facility.

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

Assisted original principals in defending a $6 million claim by the acquiring firm regarding a project that manufactured long-term storage containers for spent nuclear fuel. The purchasing firm alleged that the principals of the original firm misrepresented relevant financial information related to the project’s progress and forecast costs at the time of the change in ownership. Assisted original principals in substantiating that actual performance of the work in progress was in fact consistent with projections and the only exceptions were due to a substantial change in the definition and allocation of overhead burdens, and other business decisions made by the acquiring firm subsequent to the transfer of ownership. Claim was settled prior to hearings and on terms very favorable to defendant client.

Prepared a report, damage analysis, and schedule analysis on behalf of a subcontractor for a $450,000 change order on the construction of a parking structure with post-tensioned structural concrete. Prepared an as-built “but-for” schedule analysis and calculated claimed costs.

On behalf of an electrical subcontractor, evaluated delays and increased labor costs on the construction of a large highway project in Colorado.

Assisted Amtrak in preparation and presentation of claims against defendant EPC contractor under the Federal False Claims Act on the installation of a high speed rail from Boston to New York.  Client asserted that defendant contractor had improperly billed the government for substantial amounts that did not represent actual increased costs to the contractor but were rather the result of gross miscalculations of alleged increased costs due to scope changes, schedule impacts of changes and resulting acceleration costs.  Claims were settled prior to trial with the contractor agreeing to withdraw over $25 million of invoiced amounts.

On behalf of the operator of a chemical storage facility, evaluated a claim associated with delays and cost overruns caused by scope changes and hurricane impacts. Operator alleged that the cost of the facility significantly increased as a result of owner-caused changes and impacts from Hurricanes Katrina and Rita, and that the owner agreed to compensate the operator for the hurricane impacts. The owner alleged that the operator mismanaged the project and that the delays and cost increases were primarily caused by other problems not related to the hurricanes.

Prepared a claim involving total cost reconstruction and damages analysis for a resort condominium complex.

On behalf of an electrical contractor, prepared a $6 million delay and disruption claim on the St. Louis Stadium and Convention Center project.

On behalf of an electrical contractor, evaluated cost overruns resulting from change orders and extra work claims on a training facility at Fort Carson Air Force Base.