Experience Matters

An EPC contractor designed and supplied two 300 MW Circulating Fluidized Bed (CFB) boilers to replace oil and gas-fired boilers, as well as boiler islands on two units. Engaged to prepare a schedule delay analysis related to a claim filed for an equitable adjustment of the contract price on behalf of the EPC contractor against the owner. The project team later made a presentation for mediation to the owner on the EPC contractor’s behalf.

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.

Defended an oil and gas producer against an $8 million claim from an EPC contractor and shipyard for additional costs alleged to have arisen as a result of a significant increase in scope and project delay. Analysis revealed that defendant had failed to properly consider nearly $8 million in paid extra work. Claim was settled in mediation.

Prepared a claim involving total cost reconstruction and damages analysis for a resort condominium complex.

On behalf of a power company, analyzed labor productivity costs associated with repair of damaged electrical transmission lines following Hurricane Rita.

Provided a claims prevention training seminar for a U.S. contractor that specializes in the design and construction of HRSGs.

On behalf of an engineering design and project management firm of a fuel oil and diesel oil bulk storage tank farm facility, evaluated and rebutted claims by the owner regarding alleged delays, loss of revenue, repair costs, and cost overruns caused by errors and omissions in design and negligence that hampered the safe and profitable operation of the storage facility. Prepared an expert report for submission to the Appeals Circuit at the Commercial Court of Jeddah, Saudi Arabia, rebutting the engineering design and project management firm-caused design errors, omissions, and delays.

Analyzed an HRSG manufacturer’s responsibility and liability for delays, scope of work changes related to increased piping quantities, and back charges from a general contractor on the installation of four waste HRSGs.

On behalf of an EPC contractor, analyzed the technical entitlement of over 400 change orders associated with an engineering and construction contractor’s $60 million claim on a magnesium oxide production plant. Determined the cause-effect relationships among the changed work and the resulting schedule impact and additional costs. Provided expert testimony at an ICC arbitration hearing in London. The contractor alleged that the FIDIC-based contract provided relief under the Variations clause. However, the owner argued that it was a fixed price contract, and no relief was available. Also analyzed the cause-effect relationship of improper operation by the owner and resulting poor magnesium oxide production from the facility.

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.