Experience Matters

On behalf of a major U.S. oil company, performed an analysis and provided deposition testimony regarding a claim against a contractor for $29 million in improper charges on a reimbursable contract for the fabrication of one offshore gas compression platform and two wellhead platforms.

On behalf of an owner, analyzed delays and project management performance deficiencies in defense of a $40 million claim of an EPC contractor. The claim involved additional overhead and fee on a cost reimbursable contract for the management of the design and construction of an LNG terminal project that was delayed over 18 months. Analyzed deficiencies in the EPC contractor’s schedules and analyzed concurrent delays. Prepared the basis of a counterclaim by the owner against the EPC contractor.

On behalf of a Japanese EPC contractor, prepared a claim, developed a document database, and analyzed costs and schedules for a $450 million fertilizer plant. Prepared a $100 million claim against the owner, which was abandoned as a result of the Gulf War. Successfully negotiated one Turkish and two Korean subcontractors’ claims against the Japanese prime contractor.

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

Prepared an owner/operator’s claim against a major railroad for causing delays and cost overruns during the construction of fiber optic communications systems along the railroad’s right-of-ways. Developed schedule delay analysis of each of the right-of-ways along which the fiber optic cable was installed in trenches. Identified detailed daily documentation that identified railroad interference or lack of support for the installation of the work.

Performed project management audits of a gas-to-liquids facility to assist with evaluating the outstanding engineering and construction scope, assess restructuring of the project management team, and assist with the development of a Request for Proposal for the selection of a project management contractor.

On behalf of an owner, evaluated a contractor’s expert report and €18 million delay and disruption claim concerning the replacement of emergency diesel generators on a nuclear power plant in Finland. Assessed the expert’s time extension analysis, which was found to lack an assessment of the critical path of the work. The claim was ultimately rejected.

On behalf of an owner, prepared and evaluated claims concerning the design and construction of one of Europe’s largest nuclear reactor and turbine generator facilities, involving multiple tranches of claims submitted over the course of several years. Conducted schedule delay and quantum analyses on approximately €3.6 billion in contractor claims and approximately €2 billion of owner counterclaims. Reviewed the merits of outstanding change orders that were part of the contractors’ claims. Assessed claims associated with loss of productivity, time-related costs, subcontractor pass-through costs, delayed and disputed payments, overhead, profit, and interest. Provided expert testimony concerning delays and quantum during arbitration proceedings held at the International Chamber of Commerce.

On behalf of an EPC contractor, analyzed a claim for delay during the design and construction of an offshore platform. Prepared an expert report in anticipation of arbitration. The case settled.

On behalf of an African country, provided a rebuttal report and testimony in international arbitration regarding a claimant’s alleged value of its lost business opportunity after performing, at its own expense and risk, engineering and project development services for a port and rail project that it was not awarded. Evaluated the class of the claimant’s estimates of the project costs before and after it performed its de-risking of the project to lower project costs and determined that the estimates were inaccurate based on the information that was available to prepare the estimates. Thus, found that the claimant’s alleged project savings and its claim amount were speculative.