Experience Matters

On behalf of an underwriter, evaluated an owner’s property damage claim and delays resulting from heavy rains and flooding on a residential and commercial condominium project.

On behalf of an LNG buyer seeking to recover hundreds of millions of dollars in lost revenue as a result of a major fire and explosion on an LNG plant, performed the following scope of work: 1) critiqued the owner’s compliance with established best practice and standard of care for the LNG industry; 2) developed Gross Negligence (GN) table identifying deficiencies and inadequacies in the owner’s operations and maintenance practices; the GN table provided the level of technical support needed by the legal team to essentially prepare an informal statement of claim; and 3) provided technical explanations and clarifications as the legal team required.

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 a piping manufacturer, analyzed the fabrication of piping components as an element of the fabrication and erection of HRSGs including the identification of aspects of the delay resulting from the actions of the various parties included in the project. Prepared an expert report, which led to settlement of the matter.

The project involved disputes among an owner, main contractor, and joint venture power island equipment supplier regarding damage to the combustion turbine (CT) caused by through projectiles in the power stream. The multi-party dispute involved both contract and insurance claims for delay, disruption, liquidated damages, and direct damage reparation works to the CT start-up operations. Managed claims team that was engaged to consult on both the contract and the insurance claims for the main contractor, which involved delay, disruption, and damages analyses for a series of settlement negotiations and mediation. Ultimately, the completion of the damaged CT works had to be factored into the process and the plant restored to full operational capability. Settlement talks ultimately succeeded, and formal litigations proceedings were avoided.

Analyzed an HRSG manufacturer’s responsibility and liability for delays, scope of work changes related to increased piping quantities, and back charges from a general contractor on the installation of four waste HRSGs.

On behalf of a manufacturer of HRSGs, analyzed an EPC contractor’s $35 million claim regarding a lump-sum contract to design and build a gas-fired power plant. Assessed the EPC contractor’s allegations regarding the constructability of the HRSGs and the delay and disruption impact of those problems on its work.

Retained by the owner of a natural gas liquids extraction and fractionation plant involved in arbitration with an electrical and instrumentation contractor. Analysis and opinions provided included contract review, determination of breach of contract, delay analysis, and calculation of cost reimbursements owed to the contractor and damages incurred by the owner.

Performed an extension of time claim review, schedule delay analysis, and forensic planning analysis for a central processing facility to collect gas received from all the concession well fields to be compressed prior to transport via pipeline to the treatment plant. The gas pipeline was 24" in diameter and 370 km in length with a maximum capacity of 10 million Sm3/day.

On behalf of the government, evaluated the quality of the CPM schedules prepared by several international oil companies for the development of an LNG facility in Tanzania.