Experience Matters

On behalf of an insurance company, analyzed a contractor’s claim for costs associated with repairs to 25% of a recently completed community school. Prepared detailed analyses and reports to identify reasonableness of costs claimed in preparation of a settlement negotiation by the insurer.

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

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

Provided a claims prevention training seminar for project management and contract administration personnel of a major U.S. chemical company on new boiler addition to an existing chemical plant. Reviewed contract and procedures proposed to be used for the project and recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

On behalf of an owner, analyzed a $500 million property damage and business interruption claim resulting from fire damage to a petrochemical plant. Prepared cost estimates for the property damage claim and schedule analyses considering acceleration, betterments, upgrades, and non-rebuilt facilities.

Performed an analysis in support of an owner’s claim against an international EPC contractor’s performance, delays, and $100 million cost overrun regarding a Spar production facility that was fabricated in Finland for installation in the Gulf of Mexico. Issues involved material delays, welding rework, quadrupling of labor man-hours, wet mating of hard and soft tank/truss, delay, liquidated damages, conversion of contract issues, and related damages.

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.

On behalf of an EPC contractor, provided schedule delay analysis as well as contractor scheduling and progress reporting during the execution of a steam supply optimization project consisting of equipment erection and piping fabrication and installation for a package boiler system at a manufacturing facility in Louisiana.

The project centered on the installation of a 230 kV transmission line: 24 miles underground and 3.5 miles overhead, through an extremely diverse and environmentally sensitive and challenged series of districts. The major infrastructure subcontractor alleged major delay and disruption impacts caused by the main contractor. Engaged to provide claim support services to the main contractor against the subcontractor’s claims. Prepared a defense position paper involving a CPM analysis, disruption analysis, and contract entitlement to rebut the subcontractor’s expert report, which ultimately resulted in mediation proceedings and a series of settlement negotiations. Also provided claims avoidance training and lessons learned reviews to the main contractor construction team to facilitate improved management of future similar projects.