Experience Matters

On behalf of a paint manufacturer, prepared an expert report refuting an EPC contractor’s claim for delay and disruption allegedly resulting from work associated with removal of lead-containing paint from the process plant modules and platforms of an offshore oil production facility installed in the Gulf of Mexico. Case settled prior to trial. The project also involved the defense against the owner’s delay claim for recovery of lost profits due to the delay to the achievement of first oil allegedly caused by the lead abatement program. Presented an expert report demonstrating that the project would have been delayed because of concurrent delay by the EPC contractor. Testified in deposition, which resulted in a successful settlement of the dispute.

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.

On behalf of an owner, evaluated outstanding contractual payments, unresolved change orders, and alleged delay costs alleged by a contractor for the fabrication, transportation, and installation of Pipeline End Terminations and Jumpers for an offshore oil production facility.

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 EPC contractor, analyzed an owner’s $19 million claim firm relative to home office and field cost budget overruns under a reimbursable contract for a $200 million refinery project.

Provided damages and schedule analysis and claims assistance for an electrical and instrumentation contractor on a geothermal power plant project.

Furnished CPM scheduling service for a building contractor on the High Museum of Art expansion project in Atlanta.

On behalf of an insurance company, performed a schedule delay analysis and provided expert testimony in litigation brought by the insured against an underwriter for severe weather-related delays during the construction of a condominium and commercial retail development in Miami Beach. The parties settled the litigation following deposition testimony.

This project involved an evaluation of the schedule at a U.S. refinery following a fire and explosion in 2019 and a dispute between the insurance company and owner concerning a business interruption loss due to the refinery shutdown. We reviewed the relevant documents that described the potential refinery rebuild project scope of work and provided an opinion addressing whether the reconstruction schedule was reasonable. We also determined whether the schedule incorporated the rebuild project scope of work set forth in the rebuild cost estimate. Finally, we provided our opinion regarding considerations the rebuild contractor did not address, adequately or at all, that we believe would have had an impact on the rebuild timeline.

On behalf of the Ontario Provincial Government, evaluated delays to the restart of a power plant unit at a nuclear power electricity generation station located in northwest Ontario. The operator of the nuclear unit suffered a force majeure outage and, as a result, was entitled to balancing payments from the Ontario Government while the unit was being repaired and restarted. The provincial government was concerned that the delays that the unit operator experienced were excessively long. Evaluated whether the operator managed the unit’s outage schedule in the most efficient manner.