Experience Matters

On behalf of an owner, performed a comprehensive “cold eyes” contract risk analysis of the EPC contract documentation, including legal and non-legal exhibits and appendices, contained in the ITT. Provided a written list of recommendations with supporting justification of contractual provisions in the ITT that should be amended, deleted, and/or inserted so as to properly mitigate the client’s risk against spurious and/or undue claims/change orders. Also provided written recommendations as to what impact a project-wide incentive program would have on the contract contingency estimates.

On behalf of a contractor, reviewed eight Requests for Equitable Adjustments on U.S. Army and U.S. Air Force projects concerning differing site conditions, electrical design deficiencies, and owner-directed changes.

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.

Performed data analysis on a natural gas floating platform. The scope of work included analysis of daily project reports, vessel’s master daily logs, daily work tickets, and contractor/client correspondence.

On behalf of the Wyoming Department of Transportation, evaluated a contractor’s delay and extended overhead claims on a structural steel bridge and anchored retaining wall project. Evaluated whether there was a reasonable basis for terminating the contractor.

Prepared the detailed schedule for a multi-block combined cycle conversion project.

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.

Prepared a mechanical contractor’s $20 million claim for delay, additional work, labor disputes, and loss of productivity regarding a $790 million delayed coker project at the Cerro Negro Oil Upgrading Project. Assisted counsel in the preparation of its briefs and document discovery requests. Prepared an expert report that was intended for witness testimony at ICC arbitration hearings in Geneva, Switzerland; however, the case settled before the hearing was conducted.

On behalf of an owner, analyzed contractual responsibilities for cost overruns and delays on the fabrication of components of an offshore drilling rig.

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.