Experience Matters

On behalf of a contractor, provided claim preparation services on a Federal Reserve Bank project, including entitlement analysis and preparation of a detailed as-built but-for CPM schedule analysis to determine responsibility for delay time and damages.

On behalf of a major international chemical company, analyzed its contract documents and specifications for engineering, procurement, and construction of chemical plants worldwide. Recommended clauses to resolve the potential inconsistencies, ambiguities, and conflicts. Prepared clauses for cost and schedule control procedures. Provided a claims prevention seminar.

Provided a claims prevention training seminar for a U.S. contractor that specializes in the design and construction of HRSGs.

On behalf of an owner, evaluated a contractor’s expert report and €18 million delay and disruption claim concerning the replacement of emergency diesel generators on a nuclear power plant in Finland. Assessed the expert’s time extension analysis, which was found to lack an assessment of the critical path of the work. The claim was ultimately rejected.

Provided technical and project management consulting advice to the project management consultant who represented the owner of a refinery in Russia that was undergoing a revamp. Additional advice included the identification of key performance indicators and EPC contracting issues.

On behalf of an owner, analyzed delay claims on a hospital renovation project in Oakland.

Provided a claims prevention training seminar for project management, contract administration, and legal personnel of a major U.S. oil company building a new chemical plant.

On behalf of an African country, provided a rebuttal report and testimony in international arbitration regarding a claimant’s alleged value of its lost business opportunity after performing, at its own expense and risk, engineering and project development services for a port and rail project that it was not awarded. Evaluated the class of the claimant’s estimates of the project costs before and after it performed its de-risking of the project to lower project costs and determined that the estimates were inaccurate based on the information that was available to prepare the estimates. Thus, found that the claimant’s alleged project savings and its claim amount were speculative.

On behalf of a paint manufacturer, prepared an expert report refuting an EPC contractor’s claim for delay and disruption allegedly resulting from work associated with removal of lead-containing paint from the process plant modules and platforms of an offshore oil production facility installed in the Gulf of Mexico. Case settled prior to trial. The project also involved the defense against the owner’s delay claim for recovery of lost profits due to the delay to the achievement of first oil allegedly caused by the lead abatement program. Presented an expert report demonstrating that the project would have been delayed because of concurrent delay by the EPC contractor. Testified in deposition, which resulted in a successful settlement of the dispute.

Reviewed an owner’s contract for the engineering, procurement, and construction of a chemical plant. Recommended changes to project management, scheduling, and project controls provisions to improve the owner’s visibility into the progress reporting on the project. Provided a Claims Prevention Seminar.