Experience Matters

Analyzed a contractor’s $8 million delay and disruption claim against the owner of a 2x1 combined cycle power plant in Redding. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

On behalf of a schedule delay consultant, reviewed its expert report regarding a claim on a hotel construction project and testified in arbitration regarding the thoroughness of the consultant’s work and the costs it billed.

Provided technical and project management consulting advice to the project management consultant who represented the owner of a refinery in Russia that was undergoing a revamp. Additional advice included the identification of key performance indicators and EPC contracting issues.

Assisted an EPC contractor with a $10 million claim against an owner for increased costs associated with increased scope of work, project delays and disruption, and loss of labor productivity arising from subsequent acceleration on the design, delivery and construction of an additional line for the production of polyester chips for use in plastic soda bottle manufacturing.

On behalf of an owner, reviewed schedule acceleration and delays associated with the construction of an ethanol plant. Issues involved force majeure, changed site conditions, and defective work by an EPC contractor.

On behalf of the owner, performed an independent review of the contractor’s delay claim related to curtain wall design, procurement, and construction for a high-end residential tower project. Prepared an expert report presenting findings and conclusions regarding the delay issues for the civil claim before the Supreme Court of British Columbia.

On behalf of an electrical subcontractor, prepared a labor productivity analysis as part of a subcontractor’s pass-through claim to the owner through the prime contractor. The project related to the construction of a large, mixed-use residential and commercial complex.

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 a concrete bridge contractor, analyzed key impacting events that delayed and extended drilled foundation pier/shaft work by a subcontractor on a highway bridge in southeast New Mexico. Quantified and allocated delay caused by the subcontractor that resulted in the owner assessing liquidated damages against the concrete bridge contractor. Prepared two expert reports and testified at deposition in preparation of a jury trial. Both parties settled the dispute after depositions.

Assisted a mechanical contractor in a $7 million dispute with an EPC contractor over additional costs associated with delays, disruptions and loss of productivity on a 300 MW combined cycle power plant. Disputed items included: 1) changes in the scope of work, 2) late delivery of EPC contractor-supplied materials and equipment, and 3) late delivery of necessary design information.