Experience Matters

Provided claims prevention training seminars for a mineral processing engineering firm in Denver, Tucson, and Mexico City. Recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

The project centered on disputes between a major contractor and a mechanical/electrical subcontractor on alleged delay and disruption impacts during the construction of a 380 MW power facility due to alleged late information, delayed procurement, and changes. Project completion was significantly delayed, and the subcontractor claimed the contractor caused the negative schedule impacts, subsequently submitting a request for an equitable adjustment (REA) and filing for arbitration. Team leader engaged to consult on the main contractor’s defense of the claim both during the contract execution works and the post completion arbitration events. This involved day-to-day contract administration, claims preparation, and overall management of claims team, outside counsel, and experts.

Provided a claims prevention training seminar for project management, contract administration, and legal personnel of a major U.S. oil company building a new chemical plant.

Furnished CPM scheduling services for a building contractor on the Dade County high school located in Miami.

On behalf of a contractor, evaluated defective design and project management performance problems associated with an offshore underwater gas extraction facility, offshore pipelines, and an onshore gas processing plant. The contractor was a joint venture of the design firm and the underwater pipeline installation company. Under a lump sum turnkey contract, the contractor was responsible for carrying out project design, engineering, procurement, construction and commissioning. The owner terminated the contractor and sought damages recovery.

On behalf of an owner, provided litigation support, database management system development, and assessment of the technical design, cost and schedule overruns, and start-up problems of a coal gasification project.

Wrote an expert report for an owner regarding a Construction Manager’s (CM) project management performance on the construction of a new hospital facility. The contract was CM at risk with a guaranteed maximum price contract of $280 million. The project scope consisted of a seven-story acute care tower, two-story base facility, six-story medical office building, underground parking and two-story parking structure, and central energy plant. The project incurred over one year of critical path delay, ultimately resulting in the owner terminating the CM for default.

Prepared a schedule delay analysis for an underground piping subcontractor. Was designated as a CPM scheduling expert. The claim settled in negotiations after preparation of an expert report.

Prepared an expert report regarding disputed change orders, delay, and project management performance on an expansion of a county jail.

The project centered on the EPC design/build of a state-of-the-art sewage treatment plant to replace an existing, overutilized facility in order to meet the current and future needs of the city. Due to site constraints, the plant involved stacking SBR’s on top of each other and building the new works parallel to maintaining the old plant prior to demolition. EU environmental regulations were critical to maintaining high standards of odor and treated water outputs. The plant ultimately failed to meet performance standards, was delayed in construction, and had operational issues for the local residential areas. Engaged to provide support in developing the main contractor’s construction claims (in conjunction with the main contractor’s consortium partners) against the owner and assist with resolution of insurance claims for E&O problems during the design process. This involved CPM and disruption analysis, plus coordinating outside counsel and other experts to support the contractor’s position.