Experience Matters

On behalf of underwriters, as a result of a potentially insured event, evaluated whether other causes of schedule delay to the shutdown and refueling of a nuclear power plant would have caused concurrent delays to the project. Participated as a member of the Loss Adjuster’s Team of experts concerning a $140 million property damage claim and a $255 million delayed start-up claim. Evaluated Primavera schedules, analyzed opposing expert’s reports, and provided support to loss adjusters, counsel, and underwriters at market meetings.

EPC design build of a 500 MW gas-fired power plant. The project was significantly delayed and disrupted due to local unavailability of labor resources despite union agreements to provide the required construction manpower. Prepared a force majeure claim based on lack of available local labor and other resources. This involved considerable research into area and regional labor usage, related area and regional construction facilities, and union services interfaces. Submitted a heavily researched paper to the client including supporting CPM analysis and contract entitlements to facilitate settlement negotiations. The main contractor succeeded in recovering additional monies and avoiding liquidated damages.

Retained by the owner of a surfactants expansion project to defend a claim by an electrical contractor for increased costs and loss of productivity. Evaluated standard of care, schedule, causation, labor productivity (including loss productivity due to changes), and damages.

On behalf of an owner, evaluated delays and cost overruns on an insulation manufacturing facility in Alberta. Analyzed schedule and cost data in support of the owner’s $28 million counterclaim against an EPC contractor’s $20 million claim. Testified as CPM schedule and cost expert witnesses for the arbitration.

On behalf of an electrical contractor, reviewed the validity of backcharge claims alleged by a general contractor. Prepared a report to facilitate settlement of the claims.

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.

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.

Prepared a contractor’s delay and loss of productivity claim against an owner cooperative on the construction of a $32 million soybean processing plant. Developed a document database, prepared a detailed schedule analysis, and calculated the contractor’s entitlement to delay and loss of productivity damages as a result of the defective design by the process equipment licensor and late delivery of equipment.

On behalf of an owner, evaluated contractors’ claims for delays and cost overruns associated with two offshore gas pipeline projects.

Analyzed a contractor’s delay and loss of productivity claim against a Finnish equipment supplier providing a design build materials handling facility for a glass bottle manufacturing plant. Analyzed the contractor’s schedules, alleged changes to its scope of work, and cost records supporting its labor cost overruns. The case was resolved in arbitration in favor of the equipment supplier client.