Experience Matters

On behalf of an underwriter, evaluated an owner’s property damage claim and delays resulting from heavy rains and flooding on a residential and commercial condominium 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.

Evaluated entitlement and prepared damage analyses for the contractor for a main post office. Prepared financial analyses and wrote expert reports.

Prepared an electrical subcontractor’s claim for delays, extra work, and loss of productivity on the installation of fire alarm, security, and communication systems for the Federal Bureau of Prisons Project in Beaumont. The contractor’s increased costs resulted from delays, changes, field work orders, rework, loss of productivity, and acceleration to the Division 17 installation work. Prepared an expert report, and assisted counsel in the defense of the opposing expert’s deposition, which resulted in a successful settlement of the dispute.

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.

On behalf of an owner of an LNG plant, assessed an EPC contractor’s positions with respect to the eligibility of management personnel entitled to be included in delay costs.

On behalf of an EPCM contractor for the construction of two coal/oil-fired power plant projects in Saudi Arabia, provided claim support services concerning the owner’s denial of payment of final invoices and other costs associated with the EPCM contractor’s consulting works. The owner alleged that the EPCM contractor did not deliver technical documents such as plans, engineering drawings, computer network support services, and additional engineering support services. Supported the legal team’s preparation of the Statement of Claim submitted to the Riyadh Commercial Court concerning the EPCM contractor’s entitlement to additional payment. The court awarded a very favorable settlement to the EPCM contractor.

On behalf of an owner, analyzed a claim associated with the placement of undersea oil and gas pipelines in the Gulf of Mexico. Prepared an expert report regarding technical issues of entitlement for cost overrun issues and substantiation of the accounting records to support the costs associated with the claim. Testified in arbitration.

On behalf of an owner, evaluated a contractor’s claim on a new airport terminal building project.

On behalf of an owner, analyzed a South African contractor’s $45 million delay and disruption claim involving the engineering, fabrication, and erection of two oil production facilities for a major U.S. oil company. Visited the facility offshore Angola during hook-up and commissioning to evaluate the contractor’s performance. Advised the client on the merits of the contractor’s claim to facilitate settlement.