Experience Matters

On behalf of an owner, analyzed a Russian and Turkish contractor’s claim for change orders, delay, and loss of productivity, and the owner’s counterclaims for default due to inadequate project management performance and substandard installations of a residential community project. Developed a document database, inspected the site, reviewed contractual entitlements, and provided the owner with a basis for negotiating a settlement with the contractor.

On behalf of a purchaser of LNG from an LNG production facility, evaluated potential causes of an explosion and fire that delayed LNG production and loading of LNG to tankers.

On behalf of a pressure vessel manufacturer, analyzed the scheduling issues, delay claims, and damages that a contractor incurred on an oil refinery project. Evaluated the contractor’s failure to properly/fully compensate the pressure vessel manufacturer for two pressure vessels that were fabricated and supplied to the project. Also evaluated the contractor’s disruption claims, performance, productivity, and claim for the repair of alleged faulty work related to the internals of the pressure vessels that our client provided.

Analyzed a contractor’s delay and disruption claim against the owner of a 3x1 combined cycle power plant in Philadelphia. The scope of the work included a detailed CPM schedule analysis to determine delay and acceleration responsibility.

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.

Provided a claims prevention training seminar for a contractor that manufactures and installs heat recovery steam generators (HRSG) on power plant projects.

Prepared and analyzed detailed as-planned and as-built schedules to assist an owner defending against contractor claims on a university dormitory project in Riverside.

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.

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.

Performed a schedule quality assurance review. Reviewed and critiqued a consortium partner’s detailed fabrication schedules. Ascertained the suitability of the schedule to be used as a tool to analyze concurrent delays by maintaining CPM schedule logic to properly understand the client’s, and the consortium partner’s liability for delay, disruption, and impact damages, and any relationship between proceeding activities being the responsibility of other parties. Provided guidance on “best practice” recommendations for on-site schedule control, progress reporting, schedule development, and labor productivity. Recommended suitable effective documentation and record keeping to aid in the support or defense of possible future claims and integration of schedule activities with available cost details to accurately establish the cause and effect relationship among problems, issues, events, schedule impacts, productivity losses, and cost overruns and/or the need for acceleration/mitigation recovery countermeasures.