Experience Matters

Analyzed a contractor’s $22 million delay and disruption claim against the owner of a 3x1 combined cycle power plant in Baytown. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

Reviewed an owner’s contract for the EPC of a polyethylene plant. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures. Recommended changes to project management, scheduling, and project controls provisions to improve the owner’s visibility into project progress reporting.

The project involved disputes among an owner, main contractor, and joint venture power island equipment supplier regarding damage to the combustion turbine (CT) caused by through projectiles in the power stream. The multi-party dispute involved both contract and insurance claims for delay, disruption, liquidated damages, and direct damage reparation works to the CT start-up operations. Managed claims team that was engaged to consult on both the contract and the insurance claims for the main contractor, which involved delay, disruption, and damages analyses for a series of settlement negotiations and mediation. Ultimately, the completion of the damaged CT works had to be factored into the process and the plant restored to full operational capability. Settlement talks ultimately succeeded, and formal litigations proceedings were avoided.

Priced and negotiated change orders for the Bay Area Rapid Transit District on a $65 million train control contract. Evaluated entitlement, prepared schedule analyses, wrote findings of fact, and negotiated change orders.

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 a manufacturer of HRSGs, analyzed a contractor’s claim for delay, acceleration, scope of work changes, and loss of productivity on the installation of three waste HRSGs.

Provided analysis regarding schedule delay and cost overrun issues on an NGL processing project involving construction of central process and satellite facilities. Performed the analysis work on behalf of an owner to identify the magnitude and compensability of potential affirmative claims against a prime contractor.

Evaluated the merits of a schedule delay claim submitted by a pipe fabricator on a GTL project in Nigeria. Also assisted the owner in settlement negotiations.

On behalf of a European/Japanese joint venture EPC firm, evaluated a $75 million claim on a refinery upgrade project. Assessed the technical entitlement of over 100 change orders forming the basis of the claims as well as the schedule analysis to demonstrate entitlement to an extension of time and delay damages. Evaluated the contractor’s methodology for performing its schedule delay analysis and quantum calculations, and its loss of productivity analysis for proof of damages for labor cost overruns.

On behalf of an owner, evaluated a piping module subcontractor’s delay claim associated with a GTL facility. Evaluated the integrity of the subcontractor’s schedules and verified the impact of changes to the subcontractor’s schedule. Participated with the EPC contractor and owner to achieve a settlement of the time extension and cost components of the subcontractor’s claim.