Experience Matters

On behalf of an owner, analyzed a contractor’s delay and loss of productivity claim on the design and construction of a polypropylene project.

Developed the detailed schedule and project control system for a 2x400 MW coal-fueled power plant. Created and maintained an accounting and reporting system to track the financial participation of four consortium partners.

Performed claims analysis, construction oversight, contract administration, and expert testimony for a surety involved in the mechanical installations on a prison project.

Prepared change order requests and general site supervision on an outpatient/MRI medical clinic in Austell.

Assisted with the preparation of a contractor’s delay claim for late delivery of owner-supplied piping and equipment; extensive rework on improperly fabricated superheat panels; unrealistic, overzealous, and extra contractual inspections and QA/QC demands by owner personnel; extensive additional work associated with the electrical scope; late and incomplete submittal of necessary design information; and excessive changes to design data subsequent to Issue for Construction drawings particularly for the electrical work.

On behalf of an owner, analyzed a Canadian contractor’s $25 million delay and disruption claim against the owner of a refinery. The venue was international arbitration under UNCITRAL arbitration rules. The contractor’s scope of work involved the construction of a new visbreaker unit, modernization of instrumentation facilities, and a revamp of a fluid catalytic cracker oil upgrading process unit. The project further involved the organization of thousands of documents and assessments of alleged delays and disruption impacts identified in change orders, correspondence, meeting minutes, disruption notices, monthly progress reports, and CPM updates. The scope of work also included a detailed CPM schedule analysis and the quantification of damages. Prepared an expert report in international arbitration prior to settlement of the dispute.

The project centered on the EPC design/build of a state-of-the-art sewage treatment plant to replace an existing, overutilized facility in order to meet the current and future needs of the city. Due to site constraints, the plant involved stacking SBR’s on top of each other and building the new works parallel to maintaining the old plant prior to demolition. EU environmental regulations were critical to maintaining high standards of odor and treated water outputs. The plant ultimately failed to meet performance standards, was delayed in construction, and had operational issues for the local residential areas. Engaged to provide support in developing the main contractor’s construction claims (in conjunction with the main contractor’s consortium partners) against the owner and assist with resolution of insurance claims for E&O problems during the design process. This involved CPM and disruption analysis, plus coordinating outside counsel and other experts to support the contractor’s position.

Prepared project schedule for the general contractor on a highway construction project, analyzed delays, and prepared written reports for time extension requests to the project owner. Testified in arbitration.

On behalf of an insurance company, analyzed delays related to the construction of an LNG terminal in New Brunswick. The delay analysis included equipment to unload tanker, transfer to LNG storage tanks, vaporization of the LNG, and metering of the gas as it was introduced into a natural gas pipeline. The owner filed the claim because materials were lost overboard at sea in severe weather while being shipped to the site.

On behalf of a contractor, prepared an expert report in response to the Sewer Authority’s estimate of potential costs of completing work items that were alleged to be incomplete or defective.