Experience Matters

Performed a schedule quality assurance review. Reviewed and critiqued a consortium partner’s detailed fabrication schedules. Ascertained the suitability of the schedule to be used as a tool to analyze concurrent delays by maintaining CPM schedule logic to properly understand the client’s, and the consortium partner’s liability for delay, disruption, and impact damages, and any relationship between proceeding activities being the responsibility of other parties. Provided guidance on “best practice” recommendations for on-site schedule control, progress reporting, schedule development, and labor productivity. Recommended suitable effective documentation and record keeping to aid in the support or defense of possible future claims and integration of schedule activities with available cost details to accurately establish the cause and effect relationship among problems, issues, events, schedule impacts, productivity losses, and cost overruns and/or the need for acceleration/mitigation recovery countermeasures.

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.

Developed a thesis for an Equitable Adjustment. Reviewed existing cost calculations and data and prepared Phase I findings regarding a claim for Equitable Adjustment for a law firm on behalf of a heavy civil contractor regarding the rehabilitation of a mine tailings management area in Manitoba.

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.

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.

On behalf of an owner, analyzed a claim for delays and cost overruns against the engineering, procurement, and construction contractor of a polyol chemical plant project.

On behalf of a major U.S. oil company, analyzed the integrity of a Korean contractor’s EPC schedule regarding logic problems, constraints, and reasonableness of the critical path for a major petrochemical plant project.

Analyzed entitlement, schedule, and cost issues on litigation arising from a construction manager’s termination of a nuclear demolition contractor. Prepared an affirmative claim valued at $2.3 million and rebutted the contractor’s counterclaim valued at $1.5 million.

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.

Performed an analysis in support of an owner’s claim against an international EPC contractor’s performance, delays, and $100 million cost overrun regarding a Spar production facility that was fabricated in Finland for installation in the Gulf of Mexico. Issues involved material delays, welding rework, quadrupling of labor man-hours, wet mating of hard and soft tank/truss, delay, liquidated damages, conversion of contract issues, and related damages.