Experience Matters

On behalf of an owner, reviewed schedule acceleration and delays associated with the construction of an ethanol plant. Issues involved force majeure, changed site conditions, and defective work by an EPC contractor.

The mechanical subcontractor executed a contract with a power contractor to complete outage work and repowering of CFB Unit #1. The power contractor caused project delays and interferences that delayed the required work to a period outside of the specified outage period and resulted in a shortage of manpower. The mechanical subcontractor accelerated work to maintain the work planned for the outage period. This required additional coordination of utilities and steam blows and functional tests of fuel system, oil-fired burners, CFB boiler, air ducts, flue gas system and stack, feed water systems, etc. Engaged to provide claims review services. Evaluated owner and contractor claims, including a review of the CPM schedule submittals. Produced a schedule delay and productivity analysis to determine responsibility for project delays. The claims team found that power contractor delays and interferences were primarily responsible for the acceleration effort and difficulties experienced by the mechanical subcontractor during the mechanical completion and operational testing phases of work.

Provided a claims prevention training seminar for project management and contract administration personnel of a major U.S. chemical company on new boiler addition to an existing chemical plant. Reviewed contract and procedures proposed to be used for the project and recommended clauses to resolve potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures.

Analyzed and presented schedule impacts and litigation support services for a public schools district in defense of a general contractor’s claims on four elementary schools.

On behalf of an owner, evaluated delays to the installation of a natural gas pipeline project caused by weather delays, defective pipe, and poor performance by the pipeline contractor.

On behalf of a piping manufacturer, analyzed the fabrication of piping components as an element of the fabrication and erection of HRSGs including the identification of aspects of the delay resulting from the actions of the various parties included in the project. Prepared an expert report, which led to settlement of the matter.

On behalf of the operator of a chemical storage facility, evaluated a claim associated with delays and cost overruns caused by scope changes and hurricane impacts. Operator alleged that the cost of the facility significantly increased as a result of owner-caused changes and impacts from Hurricanes Katrina and Rita, and that the owner agreed to compensate the operator for the hurricane impacts. The owner alleged that the operator mismanaged the project and that the delays and cost increases were primarily caused by other problems not related to the hurricanes.

Provided analysis regarding schedule delay and cost overrun issues on an NGL processing project involving construction of central process and satellite facilities. Performed the analysis work on behalf of an owner to identify the magnitude and compensability of potential affirmative claims against a prime contractor.

On behalf of an owner, prepared and evaluated claims concerning the design and construction of one of Europe’s largest nuclear reactor and turbine generator facilities, involving multiple tranches of claims submitted over the course of several years. Conducted schedule delay and quantum analyses on approximately €3.6 billion in contractor claims and approximately €2 billion of owner counterclaims. Reviewed the merits of outstanding change orders that were part of the contractors’ claims. Assessed claims associated with loss of productivity, time-related costs, subcontractor pass-through costs, delayed and disputed payments, overhead, profit, and interest. Provided expert testimony concerning delays and quantum during arbitration proceedings held at the International Chamber of Commerce.

On behalf of an owner, analyzed a mechanical contractor’s $7 million marine lien delay and disruption claim against a major oil company on an offshore oil production project. The claim involved the value of equipment, piping, and structural installations on two refurbished rigs.