Experience Matters

Provided dispute resolution services on a $100 million Stanford University Hospital modernization project in Palo Alto. Performed document discovery and reviewed 200,000 project documents. Utilized R:Base to create a 40,000-row document database and cost allocation model. Developed a job cost/variance model used in computing compensable client damages. Determined the validity and entitlement for $6 million outstanding change orders. Assisted in the development of graphic work products for mediation and assisted in the successful mediated settlement of all outstanding claim issues.

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.

On behalf of an owner, analyzed a $60 million claim from a general contractor related to alleged project delay, increased scope, and loss of labor productivity. The project was for the expansion of an existing cement manufacturing plant in Florida and involved the construction of an additional 2,800-ton-per-day production line from raw material handling through bulk material load out. Performed schedule quality assurance reviews of the contractor’s contemporaneous schedules to correctly quantify project delay and disruption from alleged late delivery of owner equipment. Worked closely with the owner to resolve problems contained within the contractor’s contemporaneous schedules such as open-end activities, overuse of constraints, missing original scope, incorrect as-built dates, missing as-built dates, and missing logic links.

On behalf of a paint manufacturer, prepared an expert report refuting an EPC contractor’s claim for delay and disruption allegedly resulting from work associated with removal of lead-containing paint from the process plant modules and platforms of an offshore oil production facility installed in the Gulf of Mexico. Case settled prior to trial. The project also involved the defense against the owner’s delay claim for recovery of lost profits due to the delay to the achievement of first oil allegedly caused by the lead abatement program. Presented an expert report demonstrating that the project would have been delayed because of concurrent delay by the EPC contractor. Testified in deposition, which resulted in a successful settlement of the dispute.

Provided schedule and damages analysis services and prepared a $1.2 million claim for a contractor that built a grocery store. Responsible for auditing and recoding invoices and timesheets, preparing a cost variance analysis and calculating damages, recreating the as-built schedule, and identifying and apportioning delays.

On behalf of the owner of an LNG project, reviewed an EPC contractor's values for reimbursable subcontracts and other estimated reimbursable costs and prepared a schedule and cost risk analysis. Preparing expert reports as part of an arbitration proceeding.

Analyzed a Swedish contractor’s delay and disruption claim involving the design and construction of a pulp and paper mill.

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 an owner, reviewed the EPC contract and the project management and project controls procedures for risk identification issues. Provided a claims management and prevention seminar. Also reviewed the EPC contractor's baseline schedule to identify logic and other problems.

Performed CPM scheduling, pay application, and dispute resolution services for the owner of the E-470 Public Toll Road project in Denver. Tracked and monitored the general contractor’s 5,500-activity CPM schedule that was cost and resource loaded. Provided effective pay application payment services by verifying and approving work performed by the general contractor. Performed various special studies regarding disputed pay items as well as the calculations of projected future value of interest for disputed work. Successfully worked with the contractor’s schedulers to develop an effective procedure for schedule updates and changes.