Experience Matters

On behalf of a major U.S. oil company, performed an analysis and provided deposition testimony regarding a claim against a contractor for $29 million in improper charges on a reimbursable contract for the fabrication of one offshore gas compression platform and two wellhead platforms.

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.

On behalf of an apartment building owner, performed an assessment to determine whether a contractor met its contractual and/or industry standard of care obligations associated with project management, project schedule development and progress updating, and construction management. Also prepared a schedule delay analysis of the project to identify delays to the project substantial completion date, determined their causes, and allocated responsibility for each delay to the parties. Prepared an expert report of findings and opinions.

Provided dispute resolution services for a general contractor in defense of $2.5 million in assessed liquidated damages by the owner of a power plant. Evaluated contemporaneous project records to identify project impacts. Identified and quantified critical path delays and lost productivity impacts caused by the late delivery of equipment and materials, late responses to RFIs, and last-minute changes by the owner’s turbine/generator supplier on a new power plant project. Used retrospective CPM schedule delay analysis methodology to demonstrate delays caused by the identified impacts. CPM schedule delay analysis successfully supported the general contractor’s defense against the owner’s assessment of liquidated damages against the general contractor. The general contractor and owner ultimately reached a negotiated settlement.

Prepared damages analyses on a dispute on a steel mill expansion project. Responsible for a unit price variance analysis and estimating costs for civil, concrete, mechanical, and electric work.

Analyzed an owner’s errors and omissions claim against the design contractor on a condensate plant project.

On behalf of an equipment supplier, developed estimates to complete four power plant projects that the contractor left incomplete.

Served as tribunal appointed experts for technical and schedule delay issues associated with an €18 million claim and a €145 million counterclaim on a major oil refinery upgrading and expansion project in Europe.  The disputes were being resolved in ICC arbitration proceedings.  Prepared expert reports and testified before the tribunal.

Performed financial and schedule audits for the Los Angeles County Transportation Commission on metro subway projects. Reviewed project budgets, contractor schedules, and construction manager monthly progress reports, and advised the County of potential cost overruns, schedule delays and reporting deficiencies.

On behalf of an owner seeking to recover hundreds of millions of dollars in delay and disruption costs paid to an EPC contractor on an LNG plant, performed the following scope of work: 1) critique of the contractor’s compliance with industry practices in the preparation and updating of the project baseline CPM schedule and schedule updates; 2) preparation of a windows-based schedule delay analysis to quantify delays on the critical and near-critical paths; 3) assessment of delay, disruption, and project management performance issues by the EPC contractor; and 4) quantification of delay and disruption damages incurred by the subcontractors in the construction of the facility. Prepared an expert report to be submitted as part of arbitration proceedings.