Experience Matters

On behalf of an owner, reviewed the EPC contract and the project management and project controls procedures for risk identification issues. Provided a claims management and prevention seminar. Also reviewed the EPC contractor's baseline schedule to identify logic and other problems.

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.

Assisted original principals in defending a $6 million claim by the acquiring firm regarding a project that manufactured long-term storage containers for spent nuclear fuel. The purchasing firm alleged that the principals of the original firm misrepresented relevant financial information related to the project’s progress and forecast costs at the time of the change in ownership. Assisted original principals in substantiating that actual performance of the work in progress was in fact consistent with projections and the only exceptions were due to a substantial change in the definition and allocation of overhead burdens, and other business decisions made by the acquiring firm subsequent to the transfer of ownership. Claim was settled prior to hearings and on terms very favorable to defendant client.

Prepared schedule delay and damages analyses and an expert report on behalf of an electrical subcontractor on claims against a general contractor on two Corps of Engineers lock and dam projects on the Red River.

Provided claims analysis and cost and schedule analyses. Prepared a rebuttal report regarding insurance claims related to defective flue gas desulfurization systems on four coal-fired power plant projects.

On behalf of an owner, analyzed a claim for delays and cost overruns against the engineering, procurement, and construction contractor of a polyol chemical plant project.

Prepared a report, damage analysis, and schedule analysis on behalf of a subcontractor for a $450,000 change order on the construction of a parking structure with post-tensioned structural concrete. Prepared an as-built “but-for” schedule analysis and calculated claimed costs.

On behalf of an owner, analyzed change order claims alleged by an EPC contractor on an ethanol from corn project at an old brewery site.

On behalf of an owner, reviewed an EPC contractor’s $12 million force majeure delay claim due to heavy rain and flooding. Provided schedule delay analysis services related to the 404 MW combined cycle gas turbine power plant. Scope of work included review and analysis of the EPC contractor's extension of time claim and preparation of the client's response.

On behalf of an engineering design and project management firm of a fuel oil and diesel oil bulk storage tank farm facility, evaluated and rebutted claims by the owner regarding alleged delays, loss of revenue, repair costs, and cost overruns caused by errors and omissions in design and negligence that hampered the safe and profitable operation of the storage facility. Prepared an expert report for submission to the Appeals Circuit at the Commercial Court of Jeddah, Saudi Arabia, rebutting the engineering design and project management firm-caused design errors, omissions, and delays.