Experience Matters

Provided dispute resolution services for the City of Columbus’ wastewater treatment plant Project “88.” Participated in document research and discovery of 160,000 project documents. Created an as-built CPM schedule with over 1,600 activities in order to evaluate alleged delays and impacts. Performed a retrospective CPM schedule delay analysis to determine schedule delays to the critical path as well as project acceleration. Determined the validity of 141 alleged contractor claim issues with a value over $7 million. Scrutinized the cause and effect relationship between alleged impact issues and schedule delays. Assisted in damage calculations and manpower distribution analysis. Based on the team’s analysis of the facts, the City of Columbus successfully negotiated an equitable settlement of claims.

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.

Evaluated entitlements and prepared the claim analyses for a contractor for a U.S. Coast Guard wharf at the Port of Los Angeles. Analyzed entitlement issues and wrote expert reports.

Provided dispute resolution services on a $100 million Stanford University Hospital modernization project in Palo Alto. Performed document discovery and reviewed 200,000 project documents. Utilized R:Base to create a 40,000-row document database and cost allocation model. Developed a job cost/variance model used in computing compensable client damages. Determined the validity and entitlement for $6 million outstanding change orders. Assisted in the development of graphic work products for mediation and assisted in the successful mediated settlement of all outstanding claim issues.

On behalf of an owner, analyzed rework costs caused by defective engineering and poor project management performance by the EPCM contractor of a LNG facility. Developed a basis for estimating the rework costs and prepared several comprehensive reports that the owner used to facilitate a large settlement against the contractor.

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.

Retained by a major U.S. gas generation and distribution company to review existing plans and procedures for change order management and project cost and schedule control. Suggested modifications/enhancements to those plans and procedures and provided templates for the contents of these plans and procedures. Also prepared proforma EPC contracts for lump sum and reimbursable cost work.

Evaluated entitlement and prepared damage analyses for the contractor for a main post office. Prepared financial analyses and wrote expert reports.

Performed a schedule analysis of delay claims between a general contractor that performed engineering, procurement, construction, mobilization, installation, and operation of an FPSO including topsides processing equipment as well as hull and marine system, and the O&M service contractor on the FPSO to deploy in an offshore area approximately 10 km off the coast of Mexico at a water depth of approximately 32 meters.

On behalf of an EPC contractor, analyzed the technical entitlement of over 400 change orders associated with an engineering and construction contractor’s $60 million claim on a magnesium oxide production plant. Determined the cause-effect relationships among the changed work and the resulting schedule impact and additional costs. Provided expert testimony at an ICC arbitration hearing in London. The contractor alleged that the FIDIC-based contract provided relief under the Variations clause. However, the owner argued that it was a fixed price contract, and no relief was available. Also analyzed the cause-effect relationship of improper operation by the owner and resulting poor magnesium oxide production from the facility.