Experience Matters

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.

On behalf of an owner, prepared an expert report defending against a contractor’s claim associated with disputed change orders, delay, and loss of productivity on a new refinery debutanizer unit.

Assisted a contractor in resolving a dispute related to design changes and late and deficient owner-supplied materials. Prepared and reviewed notice letters and provided input for negotiations for a combined heat and power (CHP) project aimed to replace two old boilers and two steam turbines from an existing power plant. Proposed installed capacities for the project were 450MW of thermal heat and approximately 30MW of electricity. The thermal heat was supplied to an oil refinery and a petrochemical plant within the same site while electricity was supplied to the grid. The project also produced demineralized water.

On behalf of an owner seeking to recover hundreds of millions of dollars in delay and disruption costs paid to an EPC contractor on an LNG plant, performed the following scope of work: 1) critique of the contractor’s compliance with industry practices in the preparation and updating of the project baseline CPM schedule and schedule updates; 2) preparation of a windows-based schedule delay analysis to quantify delays on the critical and near-critical paths; 3) assessment of delay, disruption, and project management performance issues by the EPC contractor; and 4) quantification of delay and disruption damages incurred by the subcontractors in the construction of the facility. Prepared an expert report to be submitted as part of arbitration proceedings.

On behalf of the operator of a chemical storage facility, evaluated a claim associated with delays and cost overruns caused by scope changes and hurricane impacts. Operator alleged that the cost of the facility significantly increased as a result of owner-caused changes and impacts from Hurricanes Katrina and Rita, and that the owner agreed to compensate the operator for the hurricane impacts. The owner alleged that the operator mismanaged the project and that the delays and cost increases were primarily caused by other problems not related to the hurricanes.

On behalf of a Japanese EPC contractor, prepared a claim, developed a document database, and analyzed costs and schedules for a $450 million fertilizer plant. Prepared a $100 million claim against the owner, which was abandoned as a result of the Gulf War. Successfully negotiated one Turkish and two Korean subcontractors’ claims against the Japanese prime contractor.

Served as tribunal appointed experts for technical and schedule delay issues associated with an €18 million claim and a €145 million counterclaim on a major oil refinery upgrading and expansion project in Europe.  The disputes were being resolved in ICC arbitration proceedings.  Prepared expert reports and testified before the tribunal.

Analyzed a contractor’s claims against the owners of wastewater treatment plant projects. Issues involved included delay, changes, defective specifications, and loss of productivity.

Performed damages and schedule analyses for a contractor in a $1.3 million dispute with its earthwork and utilities subcontractor. Submitted an expert report that asserted $300,000 in damages and defended a $1 million counterclaim. Prepared all damages and schedule analyses and provided testimony in both deposition and arbitration. The contractor received a favorable award.

A hospital facility was badly damaged during a major hurricane. Provided full insurance claim review services. Worked with claim adjusters to assess and review actual damage and required construction repair services. This involved a full construction assessment of building, services, and medical equipment damages including time/costs and rectification budget for repair and/or total replacement of facility.