Experience Matters

On behalf of a compressor manufacturer, analyzed delay and performance problems on a gas compressor/pipeline project resulting in liquidated damages in excess of $50 million. This project involved ICC arbitration in Geneva, Switzerland.

Wrote an expert report for an owner regarding a Construction Manager’s (CM) project management performance on the construction of a new hospital facility. The contract was CM at risk with a guaranteed maximum price contract of $280 million. The project scope consisted of a seven-story acute care tower, two-story base facility, six-story medical office building, underground parking and two-story parking structure, and central energy plant. The project incurred over one year of critical path delay, ultimately resulting in the owner terminating the CM for default.

On behalf of the owner, performed an independent preliminary review and assessment of the contractor’s claims and its entitlement for an extension of time on a central gas processing facilities project. During the review, analyzed relevant project schedules, documents, information, and particulars provided by the owner. Prepared a report evaluating the delay issues alleged by the contractor for use in anticipation of arbitration.

On behalf of an insurance company, performed a schedule delay analysis and provided expert testimony in litigation brought by the insured against an underwriter for severe weather-related delays during the construction of a condominium and commercial retail development in Miami Beach. The parties settled the litigation following deposition testimony.

On behalf of an owner, analyzed a major international contractor’s $22 million delay and disruption claim on a $100 million refinery upgrade project. The project involved new hydrotreater and sulfur recovery units. Prepared a detailed schedule delay analysis and damage analysis and provided mediation testimony, which resulted in a successful settlement of the dispute.

On behalf of an owner, analyzed an $85 million change order and delay claim regarding an offshore Compliant Piled Tower constructed in Texas and topsides facilities fabricated in South Korea for installation offshore Angola.

An EPC contractor designed and supplied two 300 MW Circulating Fluidized Bed (CFB) boilers to replace oil and gas-fired boilers, as well as boiler islands on two units. Engaged to prepare a schedule delay analysis related to a claim filed for an equitable adjustment of the contract price on behalf of the EPC contractor against the owner. The project team later made a presentation for mediation to the owner on the EPC contractor’s behalf.

On behalf of a contractor, evaluated defective design and project management performance problems associated with an offshore underwater gas extraction facility, offshore pipelines, and an onshore gas processing plant. The contractor was a joint venture of the design firm and the underwater pipeline installation company. Under a lump sum turnkey contract, the contractor was responsible for carrying out project design, engineering, procurement, construction and commissioning. The owner terminated the contractor and sought damages recovery.

On behalf of a contractor, performed a schedule analysis and prepared a proposed change order request for submittal to the State University Construction Fund for additional general condition costs.

On behalf of an owner, analyzed a claim associated with the placement of undersea oil and gas pipelines in the Gulf of Mexico. Prepared an expert report regarding technical issues of entitlement for cost overrun issues and substantiation of the accounting records to support the costs associated with the claim. Testified in arbitration.